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 judgments

Issue Summary of claim Outcome Amount awarded Full judgment (in French only)
Inside wall of range deteriorated after the first use of the self-cleaning function
(purchase price: $970)
Claim for reimbursement of purchase price Claim allowed $970 Proulx c. Transactions GDG inc.
(July 2018)
Range stopped working approximately 5 years after purchase (purchase price: $2,019) Claim for $2,737.61 ($2,019 for reimbursement of purchase price, $206.96 for repair costs, $11.65 for formal notice charges and $500 for inconvenience suffered) Claim allowed in part $1,690.58 ($1,271.97 for depreciated value of range, $206.96 for repair costs, $11.65 for formal notice charges and $200 for inconvenience suffered) Boudreau c. Electrolux Canada Corporation
(June 2018)
Range became unusable 6 1/2 years after purchase (purchase price: $2,989) Claim for $8,769 ($2,989 for reimbursement of sale price, $5,220 for restaurant meals for 348 days and $560 for lost work hours) Claim allowed in part $2,989 (for reimbursement of purchase price) Couture c. Spécialistes de l'électroménager
(April 2018)
From the 1 st days of use, range made unusual noise lasting some forty minutes when cooling mechanism was started

(purchase price: not specified)

Claim for $2,450

(reimbursement of purchase price and damages)

Claim allowed in part $1,530.78

($919.23 for reduction in purchase price, $86 for repair cost estimate, and $525.25 for inconvenience suffered)

Dessureault c. Électrolux Major Appliances Canada

(March 2017)

One of the range’s 2 ovens stopped working after 7 years of use

(purchase price: $2,199.99)

Claim for $784.41

($735.99 for the costs of repairs and $12.42 for postage expenses)

Claim allowed $748.41 Pouliot c. Sears Canada inc.

(February 2017)

Stove burners of range stopped working 4 years after purchase

(purchase price: $1,799.99)

Claim for $2,500

(reason not specified)

Claim allowed in part $1,649.93

($1,200 for reimbursement equivalent to ⅔ of purchase price, $146.63 for purchase of fuel, $92.48 for repairs, $200 in general damages, and $10.82 is postage expenses)

Bouchard c. Frigidaire Électrolux

(January 2017)

Gas range unusable 5 years after purchase: oven racks no longer stay in place after having used the self-cleaning function

(purchase price: $2,758.82, taxes included)

Application to cancel the sale and claim of $5,000

($2,758.82 for reimbursement of purchase price, $166.46 for reimbursement of expenses, and $2,074.72 for loss of use of the oven for several months)

Claim allowed in part $1,908.13

(50% of the purchase price, $166.46 for costs, and $500 for loss of use of the oven)

Bouchard c. Sears Canada inc.

(June 2016)

The range’s oven racks no longer stay in place 7 years after purchase

(purchase price: $1,108.43)

Claim for $1,217.58

(reason not specified)

Claim dismissed $0

(the breakdown is the result of misuse of the good)

Laforme (Succession de) c. Meubles Paquin

(June 2016)

Breakage of the range’s glass-ceramic surface less than 17 months after purchase

(purchase price: $599 plus taxes)

Claim for $466.57

(cost of repair)

Claim allowed $466.57 Garneau c. Entrepôt The Brick, s.e.c.

(February 2016)

Glass-ceramic cooktop of range cracked 5 months after purchase

(purchase price: $1,379.69, including tax)

Claim for $2,100

(cost of new range and compensation for the damage)

Claim allowed in part $360

(cost of repairing cooktop)

Dang c. Samsung Electronics Canada inc.

(September 2015)

Induction plate of second-hand range stopped working 2 years after purchase

(purchase price: $1,974 for the range, a dishwasher, a microwave, and a range hood)

Claim for $764.21

(cost of repairs)

Claim dismissed $0

(reasonable lifespan given the purchase price and conditions set out in the contract)

Couture c. Agences Mirabex inc.

(July 2015)

Glass-ceramic top of range cracked 4 years after purchase

(purchase price: $1,000)

Claim not specified Claim allowed $517.50 Lavoie c. Sears Canada inc.

(May 2015)

Range affected by moisture problem, range door not watertight, and malfunction of 2 burners less than 2 years after purchase

(purchase price: $788.97, including $100 for extended warranty)

Claim for $788.97

(reimbursement of purchase price, including the extended warranty)

Claim allowed in part $700.33

($598.99 plus taxes for reimbursement of purchase price of range only without the extended warranty, and $11.50 in postage fees)

St-Pierre c. Meubles Branchaud

(May 2015)

Tempered-glass top of range shattered less than 3 years after purchase

(purchase price: $684.35, including tax)

Claim of $1,858.92

($684.35 for the reimbursement of purchase price, $137.92 for the reimbursement of extended warranty, $870 for the cost of prepared and purchased meals, $10.50 for postage expenses, $69.95 for delivery cost of new range, and $86.16 for expert fees)

Claim allowed in part  $708.36

(reimbursement of purchase price less 15% depreciation, $30 for extended warranty, $10 for postage expenses, and $86.16 for expert fees)

Lesieur c. Meubles Paquin

(April 2014)

Enamel of oven completely deteriorated in less than 3 years

(purchase price: $2,528.35)

Application to cancel the sale  Claim allowed  $2,528.38

(reimbursement of purchase price)

Lampron c. 9136-9074 Québec inc. (Corbeil Électroménagers)

(November 2013)

Range that had to be repaired several times after 3 years of use

(purchase price: $1,999)

Claim for $3,310

(reimbursement of purchase price and cost of repairs, and damages for inconvenience suffered)

Claim allowed in part $583.16

(cost of repairs)

Small c. Almar Appliance/Almar Électroménager ltée

(November 2013)

Main electronic controller of induction range had to be replaced 3 ½ years after purchase

(purchase price: $3,273.36)

Claim for $999.11

(cost of repairs)

Claim allowed  $999.11 Levasseur c. Sears Décor

(October 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 : November 27, 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.