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
Transmission of used vehicle found to be defective after two months of use
Application allowed in partSummary
Purchase price: $3,145
Application to cancel the sale and claim damages
Amount not specified
Amount awarded
$3,908.52
- Reimbursement of purchase price;
- $350 for reimbursement of extended warranty;
- $143.72 for towing costs;
- $269.80 for vehicle rental charges.
Full judgment (in French only)
Frometa c. 9287-4908 Québec inc. (Autobro)
October 2017
One week after sale, used vehicle developed engine problem requiring replacement of timing belt or a total engine replacement
Application allowed in part (in favour of only one plaintiff)Summary
Purchase price: $1,050
Claim for $1,130.49
- Reimbursement of purchase price;
- $68.99 for towing charges;
- $11.50 for costs of sending formal notice.
Used automobile developed corrosion problem 8 years after first use and more than 185,000 kilometres
Claim dismissedSummary
Purchase price: $28,500
Claim for $12,500
Engine of used vehicle burned out due to broken oil pump chain after 169,592 km
Claim dismissedSummary
Purchase price: $13,450
Claim for $10,085.27
Used vehicle showed signs of several defects after purchase, including defects affecting the brake disks, flexible roof, windshield and airbag
Claim allowed in partSummary
Purchase price: $7,000
Claim for $5,379.61
- $3,879.61 for cost of repairs;
- $500 for inconvenience suffered, loss of time and use;
- $1,000 in punitive damages
Amount awarded
$63.80 (cost of user’s guide missing from vehicle)
Full judgment (in French only)
Rousseau c. Laval Volkswagen ltée
May 2017
Hydraulic unit of used vehicle’s transmission failed after only a few weeks of use and being driven 2,000 km
Application allowed in partSummary
Purchase price: $36,173.98
Claim for $10,288
- $9,379 for the replacement of the transmission’s hydraulic unit;
- $142.57 for vehicle rental charges;
- $80 for towing fees;
- $24.83 for registered mail charges;
- $500 in transportation expenses;
- $161.52 for the cost of purchasing an owner’s manual.
Amount awarded
$6,797.40
Full judgment (in French only)
Neault c. Maserati Laval Auto Modena Laval inc.
May 2017
Used automobile developed mechanical problems and rust more than 6 months after purchase and after 6,000 kilometres
Claim dismissedSummary
Purchase price: $9,478.54
Claim for $7,646.39
(for reimbursement of costs of repairs and expenses)
Radiator of used vehicle had to be replaced three months after sale
Application allowed in partSummary
Purchase price: $11,990
Claim for $2,200
- $1,768.61 for vehicle rental charges, parts and labour, plus the reimbursement of towing fees;
- $250 for inconvenience suffered.
Amount awarded
$839
- $800 for replacement of the radiator;
- $39 for vehicle rental.
Full judgment (in French only)
Lamothe c. Monaco Motors (Location Segma inc.)
April 2017
Engine of used vehicle failed following a mechanical breakdown of the crankshaft after just under six months of use and having driven 11,500 km
Application allowedSummary
Purchase price: $21,873.94
Claim for $6,998.44
- $6,549.23 for engine replacement;
- $449.21 for breakdown diagnostic services.
Amount awarded
$6,998.44
Full judgment (in French only)
Tessier c. Complexe de l'auto Park Avenue inc.
April 2017
Replacement required of spark plugs and ignition coils after 3,500 km, of turbo charger three months after sale, and subsequently of oxygen detector and catalytic converter
Claim allowed in partSummary
Purchase price: $10,290
Application to cancel sale and claim for $5,769.82
- $3,500 for reimbursement of a portion of automobile loan installment payments;
- $2,269.82 for cost of repairs.
Amount awarded
$703
- $580 for replacement of turbo charger;
- $123 for replacement of spark plugs and ignition coils.
Full judgment (in French only)
Gallet c. 9259-8457 Québec inc.
April 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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