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 vehicle had to be replaced after 102,748 km
Application allowedSummary
Purchase price: $11,031.85
Claim for $2,309.17
- $318.92 for inspection fees;
- $1,990.25 for engine replacement.
On used automobile, differential gear needed to be replaced 14 days after purchase, engine needed replacement 38 days after purchase, and chassis frame split
Claim allowed in partSummary
Purchase price: $2,300
Application to cancel sale and for reimbursement of expenses paid and claim for damages (unspecified amount)
Amount awarded
$1,770.47
Full judgment (in French only)
Legendre c. Automobiles du Plateau inc.
March 2016
Used automobile developed several mechanical problems once possession was taken; could no longer be driven 2 months after purchase
Claim allowed in partSummary
Purchase price: $1,506
Claim for $2,156
- Reimbursement of purchase price;
- Expenses of $150;
- $500 for inconvenience suffered
Amount awarded
$1,706
- Reimbursement of purchase price;
- $200 for inconvenience suffered.
Full judgment (in French only)
Bélanger c. 9107-4203 Québec inc. (Automobiles Del Sol 2002)
November 2015
Engine of used vehicle stopped working 2 months after purchase and needed replacement after 173,000 kilometres
Claim allowed in partSummary
Purchase price: $4,640
Claim for $7,000
- $6,328 for reconditioning of vehicle;
- $671.72 for travel expenses and loss of use.
Amount awarded
$2,950 (reason not specified)
Full judgment (in French only)
Gagnon Desmarais c. 9266-8318 Québec inc. (Auto Max Économie)
October 2015
Engine of used vehicle had to be replaced because of oil overconsumption issue
Application allowed in partSummary
Purchase price: $13,875
Claim for $9,042.87
- $5,902.82 for repairs;
- $754 for purchase of new radio;
- $45.99 for heater;
- $236 for alternator belt;
- $46.57 for engine diagnostic services;
- $57.49 for inspection of tinted windows;
- $2,000 for inconvenience suffered.
Amount awarded
$1,604.06
- $1,500 for repairs;
- $46.57 for engine diagnostic services;
- $57.49 for inspection of tinted windows.
Full judgment (in French only)
Lamarre c. Sherbrooke Automobile inc.
September 2015
Used vehicle showed signs of many defects and malfunctions after purchase
Claim dismissedSummary
Purchase price: $1,070 (including $50 of tax and $20 for transit registration)
Claim for $1,240.20
- Reimbursement of purchase price plus $108.70 for registration;
- $11.50 for postage;
- $50 for repair of oil leak.
Used vehicle caught fire two weeks after sale
Application allowed in partSummary
Purchase price: $1,600
Claim for $2,225
- $125 for towing fees;
- $1,600 for reimbursement of purchase price;
- $500 for inconvenience suffered.
Amount awarded
$1,675
- $1,450 for damage to vehicle;
- $125 for towing charges;
- $100 for inconvenience suffered.
Full judgment (in French only)
June 2015
Used automobile was previously in an accident; replacement of front bumper, brake discs and calipers, and battery required within 7 months of purchase
Claim allowed in partSummary
Purchase price: $11,500
Claim for $7,000
- $1,168.97 for body repair;
- $2,084.23 for brake repair;
- $149.46 for battery replacement;
- $97.27 for wheel alignment;
- $189.71 for extrajudicial fees;
- $3,313.36 for inconvenience and loss of use
Amount awarded
$2,868.87
- $1,168.87 for front bumper repair;
- $1,200 for brake repair;
- $500 in non-pecuniary damages
Full judgment (in French only)
March 2015
Transmission of used vehicle broke none months after sale
Application allowedSummary
Purchase price: not specified
Claim for $1,403.73 (cost of repairs)
Amount awarded
$1,403.73
Full judgment (in French only)
St-Laurent c. Club Auto Prestige inc.
November 2014
Engine of used vehicle broke down 16 days after purchase
Claim allowed in partSummary
Purchase price: $6,025
Claim for $4,999 (reason not specified)
Amount awarded
$4,707.57 (cost of repairs)
Full judgment (in French only)
Catellier c. 9101-7905 Québec inc. (Ste-Rose Automobile)
October 2014
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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