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 car with broken engine 10 months after sale and body damage
Claim allowed in part
Summary
Price paid: $24,746.60
Claim for $8,919.09
- $7,419.09 for engine replacement
- $923.75 for body damage
- $576.25 for lawyer and bailiff fees
Amount awarded
$7,419.09
For engine replacement
Full judgment (in French only)
Couture c. 9229-5161 Québec inc. (H Grégoire Estrie)
December 2021
Used car engine started to malfunction a few weeks after purchase and stopped working less than one year later
Claim allowed in part
Summary
Price paid: unspecified
Claim for $5,533.16
- $5,265.86 for cost of repairs
- $267.30 for car rental and leak inspection
Amount awarded
$1,753.24
- $1,485.94 for cost of repairs
- $267.30 for car rental and leak inspection
Full judgment (in French only)
November 2021
Used car with problems a few weeks after purchase
Claim allowed in part
Summary
Price paid: $3,300
Claim for $4,065
- $3,300 for reimbursement of sale price
- $415.16 for cost of repairs
- Unspecified amount for vehicle registration
Amount awarded
$415.16
For cost of repairs
Full judgment (in French only)
Slater c. 9375-2913 Québec inc. (Automobiles Collection)
November 2021
Used car stopped working the day of purchase
Claim allowed in part
Summary
Price paid: $2,205
Claim for cancellation of sale and for $6,839.33
Unspecified claim
Amount awarded
$4,494.33
- 2,205 for reimbursement of sale price
- $209.48 for registration fees
- $2,079.85 for cost of repairs
- $500 for inconvenience
Full judgment (in French only)
October 2021
Used automobile with relay, starter, cylinder, and brakes needing repairs and a rusty subframe within 10 months of sale
Claim dismissed
Summary
Price paid: $5,500
Claim for $14,998.90
- $5,500 for reimbursement of sales price
- $1,000 for insurance and registration
- $3,014.90 for cost of repairs
- $968 financing interest
- $2,420 financing payments
- $1,000 for psychological injury suffered
- $496 in exemplary damages
Used car with exhaust system problem two weeks after sale
Claim allowed in part
Summary
Price paid: $29,951.55
Claim for $3,307.95
- $100 for reimbursement of deposit
- $454.15 for cost of vehicle preparation
- $2,643.93 for cost of repairs
Amount awarded
$1,850.75
For cost of repairs
Full judgment (in French only)
Comeau c. 9097-6713 Québec inc.
August 2021
Used car required a new rack and pinion and had a defective engine seal a few days after purchase
Claim allowed in part
Summary
Price paid: $8,220.17 (including a discount of $1,736.71 for future repairs and $1,739.51 in exchange for a vehicle)
Claim for $14,000
For reimbursement of purchase price and repairs
Amount awarded
$11,095.16
- $10,739.50 for purchase price and value of car given in exchange
- $355.66 to replace rack and pinion
Full judgment (in French only)
July 2021
Used car with engine starting problems the day after purchase
Claim allowed in part
Summary
Price paid: $2,900
Claim for cancellation of sale and for $4,316.47
- $2,900 for reimbursement of sale price
- $4,316.47 for cost of repairs
Amount awarded
$2,900
For reimbursement of sale price
Full judgment (in French only)
Hervieux c. 9107-4203 Québec inc. (Automobiles Del Sol 2002)
July 2021
Used automobile with brakes, discs, and muffler needing replacement within days of purchase, overheated engine, defective air conditioning, and engine and transmission in very poor condition
Claim allowed in part
Summary
Price paid: $6,892.75
Claim for cancellation of sale, reimbursement of cost of repairs, and for damages
Unspecified amount
Amount awarded
$8,680.02
For reimbursement of purchase price, cost of repairs, and inconvenience suffered
Full judgment (in French only)
May 2021
Used automobile with oil overconsumption issue a few days after sale
Claim allowed in part
Summary
Price paid : $11,495
Unspecified amount
For reimbursement of sales price, cost of repairs and maintenance costs, and in damages
Amount awarded
$7,543.03
- $6,936.45 for cost of engine repairs
- $606.58 for inspection fees
Full judgment (in French only)
Trigui c. Automobiles Prestige DG inc.
May 2021
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 : March 2, 2023
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