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 automobile with engine, steering, exhaust system and suspension problems within the first few days of purchase
Claim allowed in partSummary
Purchase price: $12,525
Claim for $4,757.88 (in reduction of purchase price)
Amount awarded
$1,011.50
$1,000 for the replacement of the turbo engine valves and $11.50 for mailing costs
Full judgment (in French only)
Paquet c. Automobiles Denis Lefebvre
April 2018
Used automobile with broken clutch master cylinder after a few days’ use
Claim allowedSummary
Purchase price: $7,003.50
Claim for $1,595
For repair and towing costs
Amount awarded
$1,595
Full judgment (in French only)
Archambault c. David BC (Auto Prestige BC)
April 2018
Used vehicle with major oil leak and engine problems 20 days after purchase
Claim allowed in partSummary
Purchase price: $3,990
Claim for $7,700 (for repair costs, inspection fees and damages)
Amount awarded
$3,078.44
- $2,900 for repair costs;
- $178.44 for inspection fees.
Full judgment (in French only)
March 2018
Used automobile with defective turn signal interface module as of its first use
Claim allowed in partSummary
Purchase price: unspecified
Claim for $844.11
- $57.43 for diagnostic costs;
- $775.18 for repair costs;
- $11.50 for mailing costs.
Amount awarded
$832.61
- $57.43 for diagnostic costs;
- $775.18 for repair costs.
Full judgment (in French only)
Gagnon c. Automobiles Donald Brassard inc. (Honda de Terrebonne)
March 2018
Painting on used vehicle deteriorated 45 months after purchase
Claim dismissedSummary
Purchase price: $9,050
Claim for $4,500
Amount awarded
$0
Full judgment (in French only)
Hachey c. Parenteau (J. Parenteau Auto enr.)
February 2018
Engine of used vehicle stopped working after 2,000 km
Claim allowed in partSummary
Purchase price: $17,585.43
Claim for $5,500
- $5,000 for vehicle’s engine replacement
- $500 for towing expenses as well as taxi and bus fare
Amount awarded
$2,500
Partial reimbursement of engine replacement cost
Full judgment (in French only)
Larouche c. Henderson Rallye inc. (Henderson Auto)
February 2018
Used truck requiring several repairs within days of sale, including transmission repair as well as replacement of brakes, alternator belt, battery and cooling system
Claim allowed in partSummary
Purchase price: $4,000
Claim for $13,591.44
- $4,000 for reimbursement of purchase price;
- $2,493.17 for 4-wheel drive system;
- $1,883.88 for brakes;
- $333.42 for battery;
- $1,755.64 for cooling system;
- $125.33 for spark plugs;
- $3,000 for inconvenience and registration payment.
Amount awarded
$4,993.17
- $2,493.17 for reimbursement of cost of repairs;
- $500 in compensation for rust;
- $1,000 for inconvenience suffered.
Full judgment (in French only)
February 2018
Used vehicle with engine, turbocharger and suspension problems since the time of taking possession
Claimed allowed in partSummary
Purchase price: $15,995
Claim for $13,874.17
- $13,174.17 for repair costs;
- $200 for travel expenses;
- $500 for the loss of use of the vehicle and inconvenience suffered.
Amount awarded
$6,232.31
- $5,532.31 for repair costs;
- $200 for travel expenses;
- $500 for loss of use of the vehicle and inconvenience suffered.
Full judgment (in French only)
February 2018
Shock absorbers on used vehicle had to be replaced 2 weeks after purchase
Claim allowedSummary
Purchase price: $4,672.50
Claim for $1,793.09
- $1,293.09 for the cost of repairs;
- $500 for inconvenience suffered.
Used automobile developed several problems once owner took possession, including non-functional catalytic converter, thin brake pads, and corroded suspension frame
Claim allowed in partSummary
Purchase price: $7,838.22
Claim for $6,879.29
- $5,879.29 for various expenses and reimbursements;
- $1,000 in punitive damages.
Amount awarded
$3,052.37
- $336.50 for replacement of brake pads;
- $475 for installation of suspension frame;
- $850 for replacement of catalytic converter;
- $150 for inconvenience suffered;
- $500 for lack of summer tires;
- $740.87 for reimbursement of delivery charges and additional expenses.
Full judgment (in French only)
October 2017
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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