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
Cellphone’s main button stopped working 3 months after purchase
Claim allowed in partSummary
Price paid: $804.82 including tax
Claim for $2,500
- $804.82 for reimbursement of sales price
- $240 for work days lost
- $710 for moral injury suffered
- $800 for reimbursement of monthly cellphone plan payments
Amount awarded
$853.11
- $804.82 for reimbursement of sales price
- $42 plus tax for reimbursement of monthly cellphone plan payments
Full judgment (in French only)
Samadi c. LG Electronics Canada inc.
October 2021
Used cell phone stopped working after a few weeks of use
Claim allowed in partSummary
Price paid: $415.39, plus taxes
Claim of $850
Amount awarded
$500
- $400 in reduction of purchase price;
- $100 for inconvenience suffered.
Full judgment (in French only)
Grenier c. 9350-5253 Québec inc. (Option Cell Phone)
June 2019
Cell phone stopped working after 22 months of use
Claim allowed in partSummary
Price paid: not specified
Claim of $1,086.19
For reimbursement of purchase price and damages
Amount awarded
$672.59
$29.88 for purchase of SIM card and adapter
Full judgment (in French only)
Messier c. LG Electronics Canada Inc.
May 2019
Used cellular phones that never worked
Claim allowed in partSummary
Purchase price: $340 each
Claim for $930
- $680 for reimbursement of purchase price;
- $250 in damages.
Amount awarded
$680
Reimbursement of purchase price
Full judgment (in French only)
Hafyana c. 9238 7901 Québec inc. (Lap Pro)
January 2018
"Reconditioned" cellular phones that never worked
Claim allowed in partSummary
Purchase price: $680 ($340 each)
Claim for $930
- $680 for reimbursement of the purchase price;
- $250 for inconvenience suffered.
Amount awarded
$680
Full judgment (in French only)
Hafyana c. 9238 7901 Québec inc. (Lap Pro)
December 2017
Téléphone cellulaire qui a cessé de fonctionner 20 jours après la vente
Demande accueillieSummary
Prix payé : 280 $
Réclamation de 500 $
- 280 $ en remboursement du prix payé;
- 220 $ en dommages-intérêts.
Amount awarded
500 $
Full judgment (in French only)
Shamshiri c. Téléphone Cellulaire Futur, s.e.n.c.
December 2017
Cellular phone overheated and turned itself off after less than 1 ½ months of use
Claim allowed in partSummary
Purchase price: telephone worth approximately $600 received at the time of signing contract for telephone services
Claim for $2,450
- $600 for the value of the telephone;
- $1,850 for the inconvenience and moral damages suffered.
Amount awarded
$730
- $480, representing 80% of the value of the telephone;
- $250 for the inconvenience suffered.
Full judgment (in French only)
Vincelli c. LG Électroniques Canada inc.
October 2017
Cellular phone found to be defective six months after purchase
Allowed in partSummary
Purchase price: $300, by twenty-four monthly payments
Application to cancel the contract of sale and claim for $500 in damages
Amount awarded
$200
- Cancellation of the contract;
- cancellation of a statement of account;
- $200 for the inconvenience suffered.
Full judgment (in French only)
December 2016
Cellular phone stopped working 2 months after purchase
Claim allowed in partSummary
Purchase price: provided free of charge as an "economic benefit" in the context of renewing a contract for services (value of $299.99)
$2,000 (reason not specified)
Amount awarded
$798.50
- $300 for the value of telephone;
- $198.50 for service fees invoiced for 2 months;
- $300 for other damages.
Full judgment (in French only)
Van Audenrode c. Rogers Communication, s.e.n.c. (Rogers Sans-fil)
December 2013
Glass screen of cellular phone broke after being dropped
Claim dismissedSummary
Purchase price: not specified
Claim not specified
Amount awarded
$0
Breakage caused by an accidental impact rather than a manufacturing defect
Full judgment (in French only)
Andrade c. Samsung Electronics Canada inc.
October 2013
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 : June 27, 2023
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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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