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
Engine of used automobile overheated 2 months after purchase
Claim allowed in partSummary
Purchase price: $17,189.92
Claim for $2,448.51
- $63.21 for inspection fees
- $2,373.17 for cost of repairs
- $12.13 for sending of formal notice
Amount awarded
$1,736.56
- $1,661.22
- $63.21 for inspection fees
- $12.13 for sending of formal notice
Full judgment (in French only)
Charbonneau c. Hyundai Gatineau
February 2020
Engine of used automobile had to be replaced 1½ years after purchase
Claim allowed in partSummary
Purchase price: $7,000
Claim for $2,460.36
For cost of repairs
Amount awarded
$2,000
As reduction in sales price
Full judgment (in French only)
Er-Rami c. CM Canada Commerce inc.
February 2020
Air conditioning system of used automobile stopped working approximately 5 months after purchase
Claim allowed in partSummary
Purchase price: $6,500
Claim for $1,059.75
To repair air conditioning system
Amount awarded
$639.26
$556 as reduction in sales price, plus sales tax
Full judgment (in French only)
Lesage c. Garage Clément Fournier inc.
February 2020
Used automobile with problems with speedometer, air conditioning, heating, and suspension stabilizer bar as of first day of use
Claim dismissedSummary
Purchase price: $3,297 (including $200 for extended warranty)
Claim for $5,870.77
- $3,370.77 (for cost of repairs)
- $1,000 for inconvenience suffered
- $1,500 for loss of use of vehicle
Deterioration of body and paint of used vehicle 2 months after sale
Claim allowed in partSummary
Price paid: $21,000
Claim for $2,688
Unspecified amount
Amount awarded
$2,488
- $2,466 for paint repair;
- $22 for costs of sending formal notice.
Full judgment (in French only)
Racz c. Subaru Laval Rive Nord
December 2019
Problems with operation of used automobile a few days after sale and repairs to transmission needed 1 month later
Claim allowed in partSummary
Price paid: unspecified
Claim for $2,555.52
- • $1,627.52 for cost of repairs;
- $225 in damages • $300 in punitive damages;
- $46 for costs of sending by registered mail;
- $60 for towing fees.
Amount awarded
$1,958.52
- $1,627.52 for cost of repairs;
- $60 for towing fees;
- $46 for costs of sending by registered mail;
- $225 for travel costs.
Full judgment (in French only)
Belhacene c. 9315-9150 Québec inc. (Belle France)
March 2019
Rear subframe of used car became rusty and broke four and a half years after purchase
Claim allowed in partSummary
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 dismissedSummary
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 partSummary
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 dismissedSummary
Purchase price: $2,500
Claim for cancellation of the sale and for damages
Unspecified amount
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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