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
Automobile engine continued to emit smoke shortly after being repaired
Application dismissedSummary
Claim for $6,775.98 (reason not specified)
Repair work on power-steering box of truck had to be redone by another mechanic
Application allowedSummary
Claim for $2,069.86
For cost of remedial work, transportation costs, loss of time, and inconvenience suffered
Amount awarded
$2,069.86
Full judgment (in French only)
Lecourt c. Miky Auto inc. (Sélection Rive-Sud)
April 2016
Truck engine stopped working after oil change was performed
Claim allowed in partSummary
Claim for $7,000
For restoration of truck, other incidental expenses, and loss of time
Amount awarded
$705.24
- $205.24 for towing expenses and cost of formal notice;
- $500 for inconvenience suffered.
Full judgment (in French only)
April 2016
Overheating problem affecting automobile continued after changing engine head
Claim dismissedSummary
Claim for $3,761.24
- $2,589.85 for cost of repairs;
- $187.50 for purchase of water pump;
- $84.24 for transportation expenses;
- $900 for loss of vacation time.
Amount awarded
$0
Full judgment (in French only)
Tremblay c. Michel Guay Land Rover Service
March 2016
Right front wheel of automobile broke two months after tire change and after having been driven over 5,000 km
Claim dismissedSummary
Claim for $793.34
- $359.72 for cost of repairs;
- $433.62 for transportation expenses.
Amount awarded
$0
Full judgment (in French only)
Letendre c. Investissements Raymond Gagné ltée
March 2016
Automobile damaged as a result of wheel coming off after ball bearings were changed
Claim dismissedSummary
Claim for $1,240.88
- $269.76 for wheel repair;
- $150.62 for towing charges;
- $784 for bodywork;
- $25 for gasoline;
- $11.50 for sending formal notice.
Amount awarded
$0
Full judgment (in French only)
Beaulieu c. St-Onge (Garage Claude St-Onge)
August 2015
Engine of automobile damaged further to repair work performed on crankshaft position sensor
Claim allowedSummary
Claim for $3,018.68
- $250 for deposit paid on improperly performed work;
- $1,758.05 for cost of engine repair;
- $10.83 for postage;
- $1,000 for loss of use of vehicle.
Amount awarded
$3,018.68 $
Full judgment (in French only)
Tessier c. Robert (Robert Auto)
December 2014
Engine of vehicle was damaged further to repair work performed on oil pressure sensor
Claim allowed in partSummary
Claim for $4,240.76
- $3,246.79 for repairs;
- $91.98 for towing service;
- $260.13 for estimate fees;
- $487.64 for reimbursement of initial repair work;
- $154.22 for formal notice.
Amount awarded
$2,950.16
- $2,110.41 for repairs;
- $91.98 for towing service;
- $260.13 for estimate fees;
- $487.64 for reimbursement of initial repair work.
Full judgment (in French only)
October 2014
Vehicle experienced dozens of problems, particularly with the turbo and engine, following mechanical repairs
Claim allowedSummary
Claim for $7,000
Amount awarded
$7,000
For cost of repairs
Full judgment (in French only)
Laprise c. Transmission automatique Précision inc.
May 2014
Vehicle stopped working after engine repair and replacement services were performed
Claim allowed in partSummary
Claim for a sum of money and damages (amount not specified)
Amount awarded
$3,966.93
- $3,566.93 for reimbursement of cost of repairs;
- $400 for inconvenience suffered.
Full judgment (in French only)
Boucher c. Silencieux Harwood inc. (Silencieux Minute Muffler)
February 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 : August 21, 2024
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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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