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 automobile overheated 2 months after purchase
Claim allowed in partSummary
Purchase price: $17,189.92
Claim for $2,448.51
- $63.21 for inspection fees
- $2,373.17 for cost of repairs
- $12.13 for sending of formal notice
Amount awarded
$1,736.56
- $1,661.22
- $63.21 for inspection fees
- $12.13 for sending of formal notice
Full judgment (in French only)
Charbonneau c. Hyundai Gatineau
February 2020
Engine of used automobile had to be replaced 1½ years after purchase
Claim allowed in partSummary
Purchase price: $7,000
Claim for $2,460.36
For cost of repairs
Amount awarded
$2,000
As reduction in sales price
Full judgment (in French only)
Er-Rami c. CM Canada Commerce inc.
February 2020
Air conditioning system of used automobile stopped working approximately 5 months after purchase
Claim allowed in partSummary
Purchase price: $6,500
Claim for $1,059.75
To repair air conditioning system
Amount awarded
$639.26
$556 as reduction in sales price, plus sales tax
Full judgment (in French only)
Lesage c. Garage Clément Fournier inc.
February 2020
Used automobile with problems with speedometer, air conditioning, heating, and suspension stabilizer bar as of first day of use
Claim dismissedSummary
Purchase price: $3,297 (including $200 for extended warranty)
Claim for $5,870.77
- $3,370.77 (for cost of repairs)
- $1,000 for inconvenience suffered
- $1,500 for loss of use of vehicle
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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