Adequacy of Legal Warranty Plans


Me Marcel Boucher; Me Yannick Labelle


Union des consommateurs




The present study attempts to assess why consumers are not satisfied with the legal warranty. It will also enable to answer the following questions: Do legal warranties protect consumers sufficiently? Are they easy enough to apply, or is their applicability illusory or too complicated? What is actually covered by legal warranties? Do foreign jurisdictions have regulatory frameworks that are easier to apply?

Although it discusses legal warranties generally, the study focuses on protections offered in consumer contracts. The report did not focus on warranties against the eviction of goods.

After a brief history of legal warranties and putting them in the context of common law and civil law plans, Chapter 2 draws a portrait of legal warranty plans in Canada: their codification and the objectives set at the time of their establishment will be subjects of interest. The study examines the various protections offered by existing legal warranty plans in consumer affairs, as well as the application of those plans in Canada.

A major part of this research is an analysis of consumers’ perception of legal warranties, on the basis of data collected through a Canada-wide poll and discussion groups held in Quebec and Ontario. The following chapter reports on a survey of governmental consumer protection organizations.

In Chapter 5, the report examines legal warranty models found in certain foreign jurisdictions, in order to identify the approaches taken to offer consumers protections or methods of application that are more complete or effective.

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OCA Funded Research
This research received funding support through the Office of Consumer Affairs' Contributions Program.

Contact information

Union des consommateurs
7000 Parc Ave, Suite 201
Montreal, QC  H3N 1X1
(514) 521-6820
(514) 521-0736

Source: Consumer Policy Research Database

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