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 moped malfunctioned and had intermittent starting issues in the days following its sale
Claim allowed in partUsed tractor with reverse gear issues after the first few kilometers
Claim allowedUsed school bus with water infiltration as of first use in the rain
Claim allowed in partUsed snowmobile that presented problems from first use and had to be repaired 4 times in 2 months for various defects
Claim allowed in partEngine of used pleasure craft not functional at first launch
Claim allowed in partUsed recreational vehicle with several components that malfunctioned shortly after purchase (refrigerator, washroom valve, water infiltration through the ceiling, extension cord not deploying properly)
Claim allowed in partUsed all-terrain vehicle that had steering and engine problems after less than ten hours’ use
Claim allowed in partUsed all-terrain vehicle that was completely destroyed in a fire eight months after purchase
Claim allowedEngine of used recreational vehicle had to be replaced six and a half months after purchase, while the odometer indicated 65,249 km
Claim allowed in partUsed all-terrain vehicle with damaged chassis and steering, and brakes that are almost unusable after first use
Claim allowedContinuing your search
You can also consult other court decisions concerning legal warranties using the search engine Cet hyperlien s’ouvrira dans une nouvelle fenêtre 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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