By : Me Luc Lachance

In several recent judgments, Quebec courts have awarded compensation to consumers based on the same element: the repair shop owner did not issue a written evaluation of the services to be provided.

Section 168 of the Consumer Protection Act (“CPA“) states that before carrying out a repair, the merchant must provide a written evaluation to the consumer. This obligation is not to be taken lightly.

Following three judgments issued in the past year, the Court reiterated that regardless of the verbal agreements that may have been reached, the merchant cannot avoid the obligation to provide a written evaluation to the consumer without a written waiver on their part. Indeed, the failure to produce a written evaluation constitutes a “breach of an obligation” under the CPA. The consumer could thus request the reduction of their obligation, compensation in the form of damages or even punitive damages.

1st judgment: Carole Huard 2024 QCCQ 3639

Ms. Huard went to her Hyundai dealership to fix mechanical problems with her 2015 Hyundai Elantra GSI.  Following an evaluation, it was decided that the transmission on her vehicle needed to be replaced. However, the problem persisted and further repairs were completed. On several occasions, Ms. Huard gave her verbal consent.

However, following the completion of the work, Ms. Huard asked to be reimbursed for what she paid for the replacement of the transmission. On February 11, 2025, the Court awarded a 50% refund of the invoice based on the dealership’s failure to produce a written evaluation to the consumer.

2nd judgment: Adelson Othelo 2024 QCCQ 5287

When Mr. Othelo’s vehicle stopped working, he had it towed to a mechanic, who charged the battery and checked the fuses. However, Mr. Othelo’s car stopped working again shortly after. Back at the same garage, the problem was identified as the immobilizer, which was then replaced.

Mr. Othelo sued the garage owner and won his case on the basis of section 168 of the CPA, identified above. The garage owner was ordered to reimburse more than two thirds of the invoice issued since he did not issue a written evaluation before starting the repairs.

3rd judgment: Ali Gholampour 2025 QCCQ 383

Mr. Gholampour claimed reimbursement of the sums paid for work on his vehicle. He believed that he did not give his authorization for the repairs carried out. The garage owner maintained that the consumer had verbally agreed, but the court insisted on the need to produce a written evaluation.

Relying on section 168 of the CPA, the Court ordered the garage owner to reimburse half of the charges. The court even awarded punitive damages, a rare sanction, to ensure compliance with this obligation by the garage owner in the future.

Think about written estimates

In conclusion, it is essential for the merchant to issue a written evaluation to the consumer for all repairs exceeding $100.00 to reduce the risk of such lawsuits. As described above, the courts readily award a reduction in the consumer’s obligation in such cases.

“The fact that there were oral exchanges in connection with the repairs and the good faith of the merchant are not relevant factors”

Picture credit :  LDB