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
Diesel engine on used pickup truck had to be replaced 4 years after purchase
Claim allowedSummary
Purchase price: unspecified
Claim for $15,000
For the cost of repairs
Transmission and cooling system of used car were leaking a few weeks after purchase
Claim allowed in partSummary
Purchase price: unspecified
Claim for $3,330
- $2,374.23 for the cost of repairs
- the balance for inconvenience suffered
Amount awarded
$2,874.23
- $2,374.23 for the cost of repairs
- $500 for inconvenience suffered
Full judgment (in French only)
Kabongo Kabua c. Auto Villemont
August 2023
Used car was overheating upon taking possession, and its engine and transmission had to be replaced after a few months of use
Claim allowedSummary
Purchase price: $14,704.15
Claim for $15,000
For reimbursement of sales price
Amount awarded
$15,000
- $14,704.15 for reimbursement of sales price
- $295.85 for towing fees
Full judgment (in French only)
Labelle c. 9367-5189 Québec inc.
June 2023
Transmission of used car broke 3 years after purchase and less than 5,000 kilometres
Claim allowed in partSummary
Purchase price: $24,755.30
Claim for $15,000
For reimbursement of sales price
Amount awarded
$10,000
For partial reimbursement of sales price
Full judgment (in French only)
Locke c. 9424-8606 Québec inc. (Kia Joliette)
June 2023
Engine on used pickup truck had problems shortly after purchase, and its water pump had to be replaced 2 months later
Claim allowed in partSummary
Purchase price: $22,408.63
Claim for $15,000
- $11,595.76 for emergency repairs
- $1,718.88 for reimbursement of the extended warranty
- $3,000 in moral damages
Amount awarded
$8,517.26
- $5,798.38 for reimbursement of half the cost of repairs
- $1,718.88 for reimbursement of the extended warranty
- $1,000 for inconvenience suffered
Full judgment (in French only)
May 2023
Transmission of used vehicle had to be replaced approximately 1 month after purchase and 270 kilometres
Claim allowed in partSummary
Purchase price: unspecified
Claim for $7,631.15
For reimbursement of towing and inspection fees, cost to repair the transmission, loss of income, and compensation of witnesses
Amount awarded
$3,783.04
- $448.76 for towing and inspection fees
- $3,334.28 for replacement of the transmission
Full judgment (in French only)
March 2023
Engine of used car had to be replaced less than one year after purchase
Claim allowed in partSummary
Purchase price: $40,712.88
Claim for $12,696.07
- $11,492.15 for the cost of repairs and the purchase of a new engine
- $1,203.92 for reimbursement of car payments and insurance fees
Amount awarded
$11,492.15
For the cost of repairs and the purchase of a new engine
Full judgment (in French only)
Nuozzi c. Blainville Chrysler Jeep Dodge
February 2023
Engine on used car stopped working 46 days after purchase
Claim allowed in partSummary
Purchase price: $15,000
Claim for $15,000
For reimbursement of sales price
Amount awarded
$4,127.60
- $2,500 for the cost of the engine
- $800 for the installation of the engine
- $100 for towing the vehicle
- $190 for parts
- $537.60 for reimbursement of the applicable taxes
Full judgment (in French only)
Gasake c. 9398-9028 Québec inc. (MGH Auto)
February 2023
Engine on 10-year-old used vehicle with 200,000 kilometres was leaking oil and releasing smoke, and its air conditioning and heating systems stopped working one month after purchase
Claim dismissedSummary
Purchase price: $5,995
Claim for $9,180.02
For reimbursement of purchase price, repairs, and inconvenience suffered
Used car broke down a few hours after its delivery and could not be used
Claim allowed in partSummary
Purchase price: $2,655
Unspecified amount
For reimbursement of sales price, insurance premium, gas, taxi fees, and inconvenience suffered
Amount awarded
$3,043.94
For reimbursement of purchase price and inconvenience suffered
Full judgment (in French only)
Louis c. 9228-0825 Québec inc. (Automobile de l'Est)
January 2023
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 : August 21, 2024
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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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