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
Rear subframe of used car became rusty and broke four and a half years after purchase
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $1,744.48
For the replacement of the rear frame and the four tires
Amount awarded
$898.54
For the replacement of the rear frame
Full judgment (in French only)
December 2018
Front right wheel of used vehicle became detached two and a half months after purchase
Claim dismissed
Summary
Purchase price: $4,100
Claim for $15,000
- $1,380 for urgent repairs;
- $9,297.50 for loss of salary and inconvenience suffered.
Main axle beam of used car broke less than a year after purchase
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $1,261.99
For repair costs
Amount awarded
$600
- $500 in reduction of purchase price;
- $100 for reimbursement of anti-rust product that was not applied.
Full judgment (in French only)
St-Denis Sauvé c. Mazda de Granby (9255-1159 Québec inc.)
December 2018
Brakes of used car had to be replaced a few days after purchase, the suspension joints one month later and the two catalytic converters and timing chain three months after purchase
Claim dismissed
Summary
Purchase price: $2,500
Claim for cancellation of the sale and for damages
Unspecified amount
Used automobile whose brakes, oil and filters, ball joints, engine catalysts and timing chain had to be replaced within 3 months of purchase
Claim dismissed
Summary
Purchase price: $2,500 plus taxes
Claim for cancellation of the sale and for damages (unspecified amount)
Used pick-up truck whose rear differential gear and one fluid seal of the front differential gear leaked oil one month after purchase and whose transmission, gearbox and front differential gear required repairs the following month
Claim allowed in part
Summary
Purchase price: $7,500
Claim for $3,740.72
For repair costs
Amount awarded
$1,265
Unspecified reason
Full judgment (in French only)
Laberge c. 2965-1403 Québec inc. (Vic débosselage et peinture)
November 2018
Used automobile with brake problems and several defects less than one month after purchase
Claim allowed in part
Summary
Purchase price: $2,995
Claim for cancellation of the sale and $3,699.99
Amount awarded
$500
In reduction of purchase price
Full judgment (in French only)
Rousseau c. Villeneuve Mazda inc. / 4035771 Canada inc.
October 2018
Used car that had a smoke problem, abnormal engine noise and insufficient oil pressure a few days after the time of taking possession
Claim allowed in part
Summary
Purchase price: $12,500
Claim for $15,000
- $2,000 for loss of use of the vehicle, registration and insurance fees paid;
- $13,000 for repair costs.
Amount awarded
$2,900
- $1,000 for loss of use of the vehicle;
- $1,900 in reduction of purchase price.
Full judgment (in French only)
Duchesneau c. Transit Auto Direct inc.
October 2018
Engine of used Porsche automobile had to be replaced after 4 years and 2 months
Claim allowed
Summary
Purchase price: $127,000 plus taxes
Claim for $15,000
For depreciation of the vehicle
Amount awarded
$15,000
For loss of value of engine or vehicle depreciation
Full judgment (in French only)
Blouin c. 9253-1095 Québec inc. (Centre Porsche Québec)
October 2018
Used vehicle whose front brake system, ball joints and front stabilizer bars had to be replaced approximately 18 months after purchase and 35,000 km
Claim dismissed
Summary
Purchase price: unspecified
Claim for $1,136.81
For repair costs
Amount awarded
$0
Full judgment (in French only)
Lavoie-Couillard c. 9218-8069 Québec inc. (Kia Lévis)
October 2018
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 26, 2020
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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.
