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
Above-ground pool collapsed less than 2 years after installation
Claim allowed in partPool liner that cracked 2 years after purchase
Claim allowed in partLiner on an above-ground pool broke and the structure collapsed less than 2 years after installation
Claim allowed in partAbove-ground pool could not be used less than 2 years after purchase because rust appeared on the lower part of the panels
Claim allowed in partAbove-ground pool with damaged lining and posts 2 years after purchase
Claim allowed in partCanvas and steel walls in above-ground pool had to be replaced about 4 years after purchase due to corrosion
Claim allowed in partSpa has water quality problems and deteriorating components 2 to 3 months after purchase
Claim allowed in partWall of above ground pool pierced by rust after 7 years of use
Claim allowed in partUsed spa whose plumbing had a leakage problem immediately after purchase
Claim allowed in partSpa whose jets and some plastic parts have changed colour less than a year of purchase
Claim allowed in partContinuing 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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