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

IssueSummary of claim Outcome Amount awarded Full judgment (in French only)
Dishwasher broke down and caused water damage 5 years after its installation (purchase price: $563.25) Claim for $2,546.94 (drainage and repair costs) Claim allowed $2,546.94 SSQ, société d'assurances inc. c. Whirlpool Canada
(October 2018)
Dishwasher stopped working 17 months after purchase: fire in the electric box of the power cord

(purchase price: $1,267, taking into account a $700 discount)

Claim for $2,347.54

($1,624.54 for replacement cost, $115 for installation fees of new dishwasher, $585 for damages and loss of use of dishwasher for 39 days and $23 for postage fees)

Claim allowed in part $1,584.94

($1,246.94, representing 85% of purchase price of dishwasher and new cutlery tray, $23 for postage fees, $115 for installation fees and $200 for damages)

Langevin c. BSH Home Appliances Ltd.

(October 2016)

Dishwasher broke down less than 2 years after purchase

(purchase price: unspecified)

Claim for $723.53

(reimbursement of repair costs, postage expenses, and $300 in compensatory and punitive damages)

Claim allowed $723.53 Beaudry c. LG Électroniques Canada inc.

(March 2016)

Dishwasher stopped working after one week of use

(purchase price: $1,149.74)

Application to cancel the sale and claim for damages

(amount not specified)

Allowed $1,499.74

($1,149.74 for reimbursement of purchase price and discount, $25 in postage fees, and $325 for inconvenience suffered)

Mallette c. Samsung Electronics Canada inc.

(April 2015)

Dishwasher leaking from a defective steel reservoir a few weeks after purchase

(purchase price: $659.95, taxes included)

Claim for $1,669.35

($663.97 for replacement of dishwasher, $86.18 for service fees, $13.20 for expenses incurred for sending demand letter, $106 for legal costs and $800 for inconveniences suffered)

Claim allowed in part $1,263.35

($663.97 for replacement of dishwasher, $83.18 for service fees, $13.20 for expenses incurred for sending demand letter, and $500 for inconveniences suffered)

Laporte c. Samsung Electronics Canada

(November 2014)

Dishwasher’s flowmeter and water level sensor defective 19 months after purchase

(purchase price: $684.11)

Claim for $1,717.64

(reimbursement of purchase price, plus $438.43 for repair costs and service charges, $89.11 for postage charges, $200 for file preparation costs, $150 for loss of use of dishwasher, and  for punitive damages)

Claim allowed in part $1,285.82

($547.29 for the reimbursement of 80% of purchase price, $438.53 for repair costs, and $300 for punitive damages)

Boucher c. Samsung

(October 2014)

Dishwasher does not work properly and displays error code 3 years after purchase

(purchase price: $870)

Claim for $1,520

(reason not specified)

Claim allowed in part  $529

($429 for the dishwasher plus $100 for inconvenience suffered and costs of demand letter)

Côté-Tremblay c. Samsung Électronique Canada

(February 2014)

Dishwasher stopped working after 19 months of use

(purchase price: $549.99 plus tax)

$683

(reimbursement of purchase price)

Claim allowed in part $598.81

(555,50 for the dishwasher, taking into account its use for 1 ½ year over a normal lifespan of 12 years, plus $43.11 for the cost of obtaining a repair estimate)

Vachon c. Sears Canada

(September 2013)

Dishwasher did not work after installation

(purchase price: $300)

Claim for cancellation of sale Claim allowed $300

(reimbursement of purchase price)

Quirion c. Lacasse

(April 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.