Here are examples of small claims court judgments, where consumers asserted their legal warranty rights. This tool can be useful to you in your negotiations with a merchant. For example, it could help you determine a reasonable durability period for your item or estimate the amount of compensation for damages to which you may be entitled.
Cautionary note
These judgment summaries are presented for reference purposes only. An application that was settled in favour of a consumer in one situation may not necessarily result in the same ruling for another consumer.
Several factors can influence a judge's decision regarding a reasonable durability period for an item. These include the price paid, contract clause provisions, the conditions under which the item is used, etc. Remember that each case is different, and every decision is rendered on the basis of the evidence brought before the court.
Exemples of judgments
Used automobile broke down several times after 47 kilometres
Claim allowed in part
Summary
Purchase price: $9,537.18
For cost of repairs, loss of value of vehicle, reimbursement of legal fees, and stress and inconvenience suffered
Claim for $13,719.88
Amount awarded
$4,259.05
- $3,325.06 for cost of repairs
- $433.99 for reimbursement of legal fees
- $500 for stress and inconvenience suffered
Full judgment (in French only)
Petit c. 9108-8260 Québec inc.
April 2021
Motorized fan of used automobile had to be replaced less than one year after purchase
Claim allowed
Summary
Purchase price: $26,973
Claim for $1,490.57
For fan replacement
Used automobile that needed several repairs a few months after purchase
Claim dismissed
Summary
Purchase price: $9,886.70
Claim for cancellation of sale and cost of repairs
Unspecified amount
Engine of used truck broke down less than 4 years after purchase
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $13,493.77
For cost of engine repairs
Amount awarded
$13,292.77
Full judgment (in French only)
Santoianni c. Ford du Canada limitée
November 2020
Used automobile with oil leak, problems starting, and engine problems on the same day of purchase
Claim allowed
Summary
Purchase price: $5,985
Claim for $3,090
For cost of repairs
Used automobile broke down several times within first week of purchase and stopped working less than 2 years later
Claim allowed in part
Summary
Purchase price: $6,500 plus taxes
Claim for $8,234.01
For reimbursement of sales price and various damages
Amount awarded
$1,100
- $1,000 damage related to engine failure
- $100 for inconvenience suffered
Full judgment (in French only)
Dubois c. 9151-8274 Québec inc.
February 2020
Engine of used automobile had to be replaced 2 months after purchase
Claim allowed in part
Summary
Purchase price: $10,250
Unspecified amount
- $12,321.73 to replace the engine
- Storage charges and damages for vehicle wear and tear
Amount awarded
$13,671.03
- $12,321.73 to replace engine
- $600 for car rental
- $370 for insurance fees
- $160.97 for towing service
- $218.33 for inspection fees
Full judgment (in French only)
February 2020
Engine of used automobile overheated 2 months after purchase
Claim allowed in part
Summary
Purchase price: $17,189.92
Claim for $2,448.51
- $63.21 for inspection fees
- $2,373.17 for cost of repairs
- $12.13 for sending of formal notice
Amount awarded
$1,736.56
- $1,661.22
- $63.21 for inspection fees
- $12.13 for sending of formal notice
Full judgment (in French only)
Charbonneau c. Hyundai Gatineau
February 2020
Engine of used automobile had to be replaced 1½ years after purchase
Claim allowed in part
Summary
Purchase price: $7,000
Claim for $2,460.36
For cost of repairs
Amount awarded
$2,000
As reduction in sales price
Full judgment (in French only)
Er-Rami c. CM Canada Commerce inc.
February 2020
Air conditioning system of used automobile stopped working approximately 5 months after purchase
Claim allowed in part
Summary
Purchase price: $6,500
Claim for $1,059.75
To repair air conditioning system
Amount awarded
$639.26
$556 as reduction in sales price, plus sales tax
Full judgment (in French only)
Lesage c. Garage Clément Fournier inc.
February 2020
Continuing your search
You can also consult other court decisions concerning legal warranties using the search engine available free of charge on the SOQUIJ website (in French only).
Last update : May 3, 2021
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