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 vehicle developed major rust problem eight months after purchase
Claim allowed in partSummary
Purchase price: $9,095
Claim for $7,000 (cost of repairs)
Amount awarded
$3,000 (cost of work taking added value into account)
Full judgment (in French only)
Tremblay-Bérubé c. 9146-7233 Québec inc. (Automobiles Luxor de l'Estrie)
July 2014
Transmission of used vehicle failed two weeks after purchase
Claim dismissedSummary
Purchase price: $1,793.61 including tax
Claim for $4,200
Amount awarded
$0
Full judgment (in French only)
Dufort c. Automobile GR Corée Longueuil ltée
April 2014
Used vehicle developed problems with starting and steering in the days following sale
Claim allowed in partSummary
Purchase price: $1,785
Claim for $4,843.30
- $3,343.30 for cost of repairs;
- $1,500 for inconvenience suffered.
Amount awarded
$1,500
- $500 for inconvenience suffered;
- $1,000 for cost of repairs.
Full judgment (in French only)
André c. Carrosseries Richard Lambert inc.
December 2013
Poor state of chassis of used automobile prevented vehicle from being driven after possession was taken
Claim allowedSummary
Purchase price: $2,400
Claim for $2,800
- $2,400 for reimbursement of purchase price;
- $400 for repairs and inconvenience suffered.
Amount awarded
$2,800
Full judgment (in French only)
Larouche c. 9167-8664 Québec inc. (ABC de l'automobile 2006)
September 2013
Engine of used vehicle was seriously damaged and had to be replaced a dozen days after purchase
Claim allowed in partSummary
Purchase price: $2,635
Claim for $3,377.76
- Reimbursement of purchase price;
- $742.76 in damages.
Amount awarded
$2,849.56
- Reimbursement of purchase price;
- $214.56 in damages.
Full judgment (in French only)
Mahfoudh c. Mic Automobiles inc.
July 2013
Transmission of used vehicle stopped working after 154,034 km
Application dismissedSummary
Purchase price: $3,500
Claim for $6,500
- Reimbursement of purchase price;
- $132.22 for towing charges and inconvenience suffered.
Amount awarded
$0
Full judgment (in French only)
Boulet c. 9146-7233 Québec inc. (Automobile Luxor de l'Estrie)
June 2013
Used automobile developed mechanical problems 2 days after purchase
Claim allowed in partSummary
Purchase price: not mentioned
Claim for $1,952.29
- $119.03 for heater repair;
- $895.38 for engine repair;
- $624 for accommodation expenses;
- $313.88 for vehicle rental.
Amount awarded
$1,640.29 (for repair expenses and half of accommodation expenses)
Full judgment (in French only)
Tremblay c. Dumont Chrysler Jeep
June 2013
Rear universal joint of used vehicle broke two weeks after purchase
Claim allowed in partSummary
Purchase price: $1,800
Claim for $6,235.07
- Reimbursement of purchase price, plus $340.80 for taxes;
- $96.83 for towing charges;
- $447.24 for repair costs;
- $50 for transportation expenses;
- $2,000 for loss of use and inconvenience suffered.
Amount awarded
$594.07
- $447.24 for cost of repairs;
- $96.83 for towing costs;
- $50 for transportation expenses.
Full judgment (in French only)
January 2013
Automobile usagée qui a subi des problèmes de transmission 3 jours après la vente
Demande accueillie en partieSummary
Prix payé : non spécifié
Réclamation de 3 688,33 $ (en remboursement du coût des réparations et des frais engagés)
Amount awarded
3 619,07 $
- 3 519,07 $ pour le coût des réparations;
- 100 $ pour les inconvénients subis.
Full judgment (in French only)
Lavoie c. Automobiles Premier Choix
January 1970
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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