Executive Summary: Key Legal and Evidentiary Issues

• Yves Duchemin purchased a used 2020 Ford Explorer ST from Infiniti Laval Inc. on April 20, 2023, and discovered defects shortly after taking possession.
• The vehicle's exhaust system contained non-original, defective parts, including a broken catalytic converter that made driving dangerous.
• Urgent repairs costing $2,161.69 were carried out between May 31 and June 13, 2023, leaving Duchemin without the vehicle for 12 days.
• Additional alleged violations of the Consumer Protection Act included inaccurate mileage on the contract, an illegal clause purporting to void the statutory warranty, and failure to provide the vehicle's descriptive label — though no specific claims were advanced on these points.
• Statutory warranties under Articles 37 and 38 of the Consumer Protection Act were central to the court's analysis of whether the vehicle was fit for normal use over a reasonable period.
• Infiniti Laval Inc. did not dispute the merits of the claim in its defence, noting only that it had made settlement offers in good faith.

Facts of the case

On April 20, 2023, Yves Duchemin purchased a used 2020 Ford Explorer ST from Infiniti Laval Inc. Shortly after taking possession, defects emerged with the vehicle's exhaust system. Duchemin alleged that the exhaust system had been fitted with non-original, defective parts, including a broken catalytic converter with cracks that rendered driving dangerous. He was compelled to carry out urgent repairs between May 31 and June 13, 2023, at a cost of $2,161.69, during which he was without the vehicle for 12 days. Beyond the repair costs, Duchemin sought $5,000 for loss of use, stress, inconvenience, additional inspection fees, and anticipated future costs for replacing a second catalytic converter he claimed was original but potentially defective. He also flagged several alleged violations of the Consumer Protection Act — inaccurate mileage recorded in the sales contract, an illegal clause purporting to nullify the statutory warranty, and failure to provide the vehicle's descriptive label at delivery — though he did not advance specific claims on those points. Infiniti Laval Inc., in its defence, did not address the substance of Duchemin's allegations, stating only that it had transmitted settlement offers in good faith.

Contractual and statutory provisions at issue

The sale contract engaged the statutory warranties of durability and fitness for intended use established under Articles 37 and 38 of the Consumer Protection Act, which a consumer may invoke against both the merchant-seller and the manufacturer. Article 37 provides that goods sold under a contract must be fit for the purpose for which they are normally used. Article 38 further requires that goods be fit for normal use for a reasonable period of time, having regard to the price, the terms of the contract, and the conditions of use. These provisions formed the legal foundation for Duchemin's claim.

Court's reasoning and analysis

The court found that Duchemin had established, on a balance of probabilities, that he was required to carry out significant and necessary repairs shortly after the purchase. The invoice produced confirmed that the vehicle had undergone repairs between May 31 and June 13, 2023, and indicated that the catalytic converter in place was an old, broken part presenting cracks. On this basis, the court concluded that the vehicle sold by Infiniti Laval Inc. was not in a condition that permitted normal use for a reasonable period, taking into account the price and conditions of the sale, thereby engaging the warranties under the Consumer Protection Act. While Duchemin claimed $5,000 for loss of use and related inconveniences, the court assessed the appropriate indemnity for loss of use at $70 per day for the 12-day deprivation period, amounting to $840, with that figure encompassing stress and lost time as well. The total indemnity, including repair costs of $2,161.69, was rounded to $3,000.

Ruling and overall outcome

The court ruled in favour of Yves Duchemin. Infiniti Laval Inc. was ordered to pay Duchemin the sum of $3,000, together with interest at the legal rate plus the additional indemnity provided under Article 1619 of the Civil Code of Québec, running from July 12, 2023 — the date of the formal demand — as well as court costs of $207.