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
“Check engine” warning light on used automobile flashed 7 times during first 15 months of use and air conditioning stopped working 3 months after purchase
Claim allowed in partSummary
Price paid: $10,966
Claim for $6,000
- $3,378.03 for cost of repairs made
- $2,116.18 for cost of repairs to be made
- $505.79 for inconvenience suffered
Amount awarded
$3,001.29
- $2,495.50 for cost of repairs made
- $505.79 for inconvenience suffered
Full judgment (in French only)
Lebel-Jalbert c. Spécialistes du financement du Québec inc.
February 2021
Motorized fan of used automobile had to be replaced less than one year after purchase
Claim allowedSummary
Purchase price: $26,973
Claim for $1,490.57
For fan replacement
Used car with paint delamination after more than 60,000 km since purchase
Claim allowed in partSummary
Price paid: $9,037
Claim for $5,066.14
- $4,040 for cost of repairs
- $336.29 for car rental
- $689.85 for cost of estimate
Amount awarded
$1,150
- $1,000 for cost of repairs
- $150 for cost of estimate
Full judgment (in French only)
December 2020
Used automobile that needed several repairs a few months after purchase
Claim dismissedSummary
Purchase price: $9,886.70
Claim for cancellation of sale and cost of repairs
Unspecified amount
Engine of used truck broke down less than 4 years after purchase
Claim allowed in partSummary
Purchase price: unspecified
Claim for $13,493.77
For cost of engine repairs
Amount awarded
$13,292.77
Full judgment (in French only)
Santoianni c. Ford du Canada limitée
November 2020
Used automobile with oil leak, problems starting, and engine problems on the same day of purchase
Claim allowedSummary
Purchase price: $5,985
Claim for $3,090
For cost of repairs
Used car with premature deterioration of the differential after taking possession
Claim allowed in partSummary
Price paid: $11,200
Unspecified amount
Amount awarded
$3,339.57
For reimbursement of cost of repairs
Full judgment (in French only)
November 2020
Paint on used car flaked after more than 25,000 km since purchase
Claim allowed in partSummary
Price paid: $7,800
Claim for $8,170.09
- $6,618.07 for cost of repairs
- $500 for car rental
- $689.45 for cost of estimate
- $362.17 for legal costs
Amount awarded
$1,200
- $1,000 for cost of repairs
- $200 for cost of estimate
Full judgment (in French only)
April 2020
Used automobile broke down several times within first week of purchase and stopped working less than 2 years later
Claim allowed in partSummary
Purchase price: $6,500 plus taxes
Claim for $8,234.01
For reimbursement of sales price and various damages
Amount awarded
$1,100
- $1,000 damage related to engine failure
- $100 for inconvenience suffered
Full judgment (in French only)
Dubois c. 9151-8274 Québec inc.
February 2020
Engine of used automobile had to be replaced 2 months after purchase
Claim allowed in partSummary
Purchase price: $10,250
Unspecified amount
- $12,321.73 to replace the engine
- Storage charges and damages for vehicle wear and tear
Amount awarded
$13,671.03
- $12,321.73 to replace engine
- $600 for car rental
- $370 for insurance fees
- $160.97 for towing service
- $218.33 for inspection fees
Full judgment (in French only)
February 2020
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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