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
Timing chain of used automobile broke 8 months after purchase
Claim allowed in partSummary
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 partSummary
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 partSummary
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 car with transmission problems the day after sale
Claim allowedSummary
Price paid: $12,872.50
Claim for $1,050.87
For cost of repairs
Amount awarded
$1,050.87
Full judgment (in French only)
Lassonde c. 9361-7108 Québec inc. (Alain Bégin Autos)
April 2021
Used automobile broke down several times after 47 kilometres
Claim allowed in partSummary
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 dismissedSummary
$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 allowedSummary
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 partSummary
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
Paint on used car faded and flaked nearly 5 years after sale
Claim allowed in partSummary
Price paid: $16,855.48
Unspecified claim
Amount awarded
$4,500
For cost of corrective work
Full judgment (in French only)
Farinelli c. Honda Canada inc.
February 2021
Used automobile stopped working after 12 days of use
Claim allowed in partSummary
Price paid: $1,755.22
Claim for $1,166.11
- $500 for reimbursement of first instalment
- $135.69 for insurance premiums
- $20 for costs to jumpstart engine
- $67.92 for registration fees
- $45 for fuel expenses
- $130 for public transit costs
- $17.50 for photocopies
- $250 in moral damages
Amount awarded
$1,126.11
- $500 for reimbursement of first instalment
- $135.69 for insurance premiums
- $20 for costs to jumpstart engine
- $67.92 for registration fees
- $35 for fuel expenses
- $100 for public transit costs
- $17.50 for photocopies
- $250 in moral damages
Full judgment (in French only)
Desrosiers c. 9230-4906 Québec inc.
February 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.
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