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)

Couture c. Auto Shelby

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)

Vadnais c. P'tit Char du Nord

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

Amount awarded

$0

Full judgment (in French only)

Couture c. Garage PA Gemme inc.

October 2021

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.

September 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)

Coulombe c. Villeneuve Mazda

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)

Barampangaje c. Futur Auto

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 : October 12, 2023

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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.