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 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 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
Timing chain of used automobile broke 8 months after purchase
Claim allowed in part
Summary
Price paid: $3,952
Claim for cancellation of sale and for damages
Unspecified amount
Amount awarded
$139.68
For air conditioning inspection costs
Full judgment (in French only)
May 2021
Rear window defroster of used pick-up truck stopped working less than 5 years after being put into service and tonneau cover was defective after 2 years of use
Claim allowed in part
Summary
Price paid: Over $35,000
Claim for $3,098.76
- $1,431.73 to repair rear window defroster
- $1,667.03 to replace tonneau cover
Amount awarded
$2,131.73
- $1,431.73 to repair rear window defroster
- $700 to replace tonneau cover
Full judgment (in French only)
Peloteau c. JL Desjardins Auto Collection inc.
May 2021
Used automobile presented clutch problem after 112,000 kilometres
Claim allowed in part
Summary
Price paid: Unspecified
Unspecified claim
Amount awarded
$1,219.54
For a portion of cost of repairs
Full judgment (in French only)
Rivet c. LMB Automobile inc. (BMW Mini Laval)
April 2021
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
One of the ball bearings in the wheel of a used car needed replacement a few days after purchase
Claim dismissed
Summary
$12,213.61
Claim for $619.01
For reimbursement of inspection fees and cost of repairs
Used automobile with a detached wheel 2 days after possession taken, defective air conditioning system, and damaged battery holder
Claim allowed
Summary
Price paid: $14,377.13
Claim for $15,000
- $13,147.69 for reimbursement of sales price, less depreciation
- $1,852.31 for towing expenses, cost of repairs and inspection
Amount awarded
$15,000
Full judgment (in French only)
Cartier c. Automobile 305 (9109-8798 Québec inc.)
April 2021
Used automobile with flaking paint a few months after sale
Claim allowed in part
Summary
Price paid: $41,288.68
Claim for $4,697.10
- $459.90 for surfacing after painting the hood
- $244.61 for car rental
- $2,417.71 for painting work
- $574.88 for expert fees
- $1,000 for inconvenience suffered
Amount awarded
$2,500
Unspecified
Full judgment (in French only)
Landry c. Sherbrooke Nissan inc.
March 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 : May 3, 2021
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The information contained on this page is presented in simple terms to make it easier to understand. It does not replace the texts of the laws and regulations.
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