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
Dishwasher leaves dirt on dishes from first use
Claim dismissedSummary
Price paid: $1,014.99
Claim of $1,361.50
- $1,000 for reimbursement of purchase price;
- $200 for loss of salary;
- $11.50 for sending of formal notice;
- $150 for inconvenience suffered.
Amount awarded
$0
Full judgment (in French only)
Guérin c. 9097-6689 Québec inc. (Meubles MaVi)
January 2019
Dishwasher broke down and caused water damage 5 years after its installation
Claim allowedSummary
Purchase price: $563.25
Claim for $2,546.94 (drainage and repair costs)
Amount awarded
$2,546.94
Full judgment (in French only)
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
Claim allowed in partSummary
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;
- $23 for postage fees.
Amount awarded
$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;
- $200 for damages.
Full judgment (in French only)
Langevin c. BSH Home Appliances Ltd.
October 2016
Dishwasher broke down less than 2 years after purchase
Claim allowedSummary
Purchase price: unspecified
Claim for $723.53
- Reimbursement of repair costs and postage expenses;
- $300 in compensatory and punitive damages.
Amount awarded
$723.53
Full judgment (in French only)
Beaudry c. LG Électroniques Canada inc.
March 2016
Dishwasher stopped working after one week of use
Claim allowedSummary
Purchase price: $1,149.74
Application to cancel the sale and claim for damages (amount not specified)
Amount awarded
$1,499.74
- $1,149.74 for reimbursement of purchase price and discount;
- $25 in postage fees;
- $325 for inconvenience suffered.
Full judgment (in French only)
Mallette c. Samsung Electronics Canada inc.
April 2015
Dishwasher leaking from a defective steel reservoir a few weeks after purchase
Claim allowed in partSummary
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;
- $800 for inconveniences suffered.
Amount awarded
$1,263.35
- $663.97 for replacement of dishwasher;
- $83.18 for service fees;
- $13.20 for expenses incurred for sending demand letter;
- $500 for inconveniences suffered.
Full judgment (in French only)
Laporte c. Samsung Electronics Canada
November 2014
Dishwasher’s flowmeter and water level sensor defective 19 months after purchase
Claim allowed in partSummary
Purchase price: $684.11
Claim for $1,717.64
- Reimbursement of purchase price;
- $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.
Amount awarded
$1,285.82
- $547.29 for the reimbursement of 80% of purchase price;
- $438.53 for repair costs;
- $300 for punitive damages.
Full judgment (in French only)
October 2014
Dishwasher does not work properly and displays error code 3 years after purchase
Claim allowed in partSummary
Purchase price: $870
Claim for $1,520 (reason not specified)
Amount awarded
$529
- $429 for the dishwasher;
- $100 for inconvenience suffered and costs of demand letter.
Full judgment (in French only)
Côté-Tremblay c. Samsung Électronique Canada
February 2014
Dishwasher stopped working after 19 months of use
Claim allowed in partSummary
Purchase price: $549.99 plus tax
$683 (reimbursement of purchase price)
Amount awarded
$598.81
- $555,50 for the dishwasher, taking into account its use for 1 ½ year over a normal lifespan of 12 years;
- $43.11 for the cost of obtaining a repair estimate.
Full judgment (in French only)
September 2013
Dishwasher did not work after installation
Claim allowedSummary
Purchase price: $300
Claim for cancellation of sale
Amount awarded
$300
Reimbursement of purchase price
Full judgment (in French only)
April 2013
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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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