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.  

Examples of decisions

Issue Summary of claim Outcome Amount awarded Full judgment (in French only)
Power button on computer experienced problems 4 months after purchase (purchase price: unspecified) Claim for $1,518.82 (reimbursement of purchase price and postal charges) Claim allowed in part $1,801.79 (unspecified reason) Douyon c. Asus RMA Department
(March 2018)
Computer’s operating system no longer working 14 months after purchase

(purchase price: $787.57)

Claim for $630.06

(grounds not specified)

Claim allowed in part $500

(taking into account the computer’s adequate functioning during ¼ of its useful life)

Boucher c. 9259-8531 Québec inc. (Ordi en gros)

(May 2016)

Tablet stopped working after one month of use

(purchase price: $549.79 and $50 for screen protector)

Claim for $2,054.64

(reimbursement of purchase price and inconvenience suffered)

Claim allowed in part $773.99

(reimbursement of purchase price plus $34.48 for screen protector, $6.84 for transportation expenses, $30 for loss of time, $100 for inconvenience suffered and $52.88 for postage expenses)

Richard c. Best Buy Ltd. (Centre Laval)

(December 2015)

Computer stopped working 3 ½ years after purchase

(purchase price: not specified)

Claim for $2,863.93

($1,424 for purchase of a new computer, $113.93 for cost of estimate, $25 for online service fees, $506.97 for transportation expenses, $18.25 for postage expenses, $8.18 for stationery expenses, $17.16 for photocopy expenses, $500 for inconvenience suffered)

Claim allowed in part $1,147.20

(40% of $565.68, i.e., cost of a new computer, $113.93 for cost of estimate, $25 for online service fees, $150 for transportation expenses, $18.25 for postage expenses, $8.18 for stationery expenses, $17.16 for photocopy expenses, $250 for inconvenience suffered)

Archambault c. Bureau en Gros

(September 2015)

Tablet purchased in December 2013 does not recharge properly

(purchase price: $323.81)

Claim for $366.78

($323.81 for purchase price of the tablet, $32.47 for the case and $10.50 for expenses incurred for demand letter)

Claim allowed $366.78 Poulin c. Équipement GMM inc.

(March 2015)

Problems with the hard disk and battery of laptop computer 4 months after purchase

(purchase price: $550)

Claim for $3,550

($550 for reimbursement of purchase price and $3,000 for moral damages)

Claim allowed in part $550

(purchase price)

Diagne c. Dell Canada inc.

(October 2014)

Computer stopped working six months after purchase

(purchase price: $1,737.96)

Claim for $5,000

(reimbursement of purchase price of computer and other products, and damages)

Claim allowed in part $2,497.96

 

Deliba c. Future Shop, service juridique

(November 2013)

Display model computer found to be defective two months after purchase

(purchase price: $954.44, plus $349.99 for extended warranty)

Claim for $7,000

(reimbursement of purchase price of the computer, extended warranty, and various additional damages)

Claim allowed in part $1,000

(reason not specified)

Michaud c. Future Shop/Best Buy ltée.

(February 2013)

Demonstrator model of computer found to be defective a few months after purchase

(purchase price: $954.44 plus $349.99 for a service plan)

Claim for $7,000

(reimbursement of purchase price, extended warranty plan, purchase price of another computer, and miscellaneous damage sustained)

Claim allowed in part $1,000

(reason not specified)

Michaud c. Future Shop/Best Buy ltée

(February 2013)

Used computer stopped working a few days after purchase

(purchase price: $100)

Claim for $130.41

(purchase price and damage sustained)

Claim allowed $130.41 Chamberland c. Falardeau

(January 2013)

Note to the reader: The judgment summaries above were provided by SOQUIJ. In rare cases, they may have been subject to an appeal before a higher authority. If you intend on citing any of these judgments before the court, it is recommended that you check the minutes book of the courthouse in question.

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 7, 2019

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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.