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
Freezer stopped working after 5 years of use
Claim allowed in partSummary
Purchase price: $1,121.01
Claim for $2,599
Including $1,000 for loss of food and $300 for the purchase of a temporary freezer
Amount awarded
$1,712.21
- Reduction in purchase price of $712.21;
- $1,000 for loss of food.
Full judgment (in French only)
Migneault c. Electrolux Home Care Products Canada Inc.
January 2017
Refrigerator did not cool
Claim allowed in partSummary
Purchase price: $300
Claim for $1,038.82
Reimbursement of purchase price, truck rental expenses, and inconveniences suffered
Amount awarded
$618.40
- $300 for the refrigerator that did not work properly;
- $118.40 for transportation expenses;
- $200 for inconveniences suffered.
Full judgment (in French only)
Labrecque c. 9290-8185 Québec inc.
January 2017
Refrigerator not working properly 2 years after purchase
Claim allowed in partSummary
Purchase price: $1,764.16
Claim for $778.30
Reimbursement of repair costs and compensation for lost food
Amount awarded
$578.30
Repair costs
Full judgment (in French only)
Landry c. Brault & Martineau inc.
January 2017
Refrigerator was leaking 2 months after purchase
Claim allowed in partSummary
Purchase price: $746.18
Claim for $2,000
Reimbursement of purchase price and inconvenience suffered
Amount awarded
$650
- Reduction in sale price of $500;
- $150 for inconvenience suffered.
Full judgment (in French only)
November 2016
Refrigerator stopped working 4 years after purchase
Claim allowed in partSummary
Purchase price: $624.01 plus taxes
Claim for $2,500
- $800 for reimbursement of purchase price;
- $1,000 for loss of food, and $700 for inconvenience suffered.
Amount awarded
$1,174
- Reimbursement of purchase price less $200 for 4 years of use;
- $450 for loss of food, and $300 for inconvenience suffered.
Full judgment (in French only)
Nunez c. Brick Warehouse, l.p. (Brick)
June 2016
Appearance of bumps on freezer drawer of refrigerator in the months following purchase
Claim allowed in partSummary
Purchase price: not specified
Claim for $565 (cost of repairs)
Amount awarded
$447.86
- $280.40 for the cost of a new panel;
- $100 for replacement costs, and postage expenses.
Full judgment (in French only)
Champagne c. Samsung Électronique Canada inc.
May 2016
The refrigerator’s compressor stopped working less than 3 years after purchase
Claim allowed in partSummary
Purchase price: $1,206.08. including $149.99 for extended warranty
Claim for $2,680.99
- $1,206.08 for reimbursement of purchase price;
- $550.41 for the difference between the price paid for the refrigerator and the price of its replacement without any discount;
- $200 for the loss of food;
- $22 for expenses incurred for the demand letter;
- $202.50 for travel expenses;
- $500 for inconveniences suffered.
Amount awarded
$1,403.09
- $640 for reimbursement of the purchase price less depreciation of 20%;
- $149 for cost of the guarantee;
- $158.09 for taxes;
- $100 for loss of food;
- $22 for postage fees;
- $135 for travel expenses;
- $200 for inconveniences suffered.
Full judgment (in French only)
May 2016
Refrigerator that stopped working after 5 years and 9 months of use
Claim allowed in partSummary
Purchase price: not specified
Claim for $1,611.90
- $21 for postage fees;
- $91.93 for assessment costs;
- $200 for loss of food;
- $799 for replacement of refrigerator;
- $500 for inconvenience suffered.
Amount awarded
$1,202.43
- $400 for the value of refrigerator at the time of breakdown;
- $10.50 for postage fees;
- $91.93 for assessment costs;
- $200 for loss of food;
- $500 for inconvenience suffered.
Full judgment (in French only)
Sanctus c. Electrolux Major Appliances
April 2016
Refrigerator stopped working approximately 7 ½ years after purchase
Claim allowed in partSummary
Purchase price: $949.99
Amount of claim not specified
Amount awarded
$1,050.88
- $617.18 for loss of refrigerator;
- $209.25 for the cost of repairs;
- $24.25 for disbursements;
- $200 for loss of food.
Full judgment (in French only)
Boyer c. LG Electronics Canada Inc.
April 2016
Used refrigerator that stopped working after delivery and that was overheating less than one year after being repaired
Claim allowed in partSummary
Purchase price: $715, including delivery
Claim for $839.75
- $715 for purchase price;
- $50 for loss of food;
- $74.75 for cost of technician.
Amount awarded
$487.20
- $212.45 for cost of repairs;
- $150 for cost of replacement refrigerator;
- $50 for loss of food;
- $74.75 for reimbursement of cost of technician.
Full judgment (in French only)
April 2016
Continuing your search
You can also consult other court decisions concerning legal warranties using the search engine 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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