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

Inside wall of range deteriorated after the first use of the self-cleaning function

Claim allowed

Summary

Purchase price: $970

Claim for reimbursement of purchase price

Amount awarded

$970

Full judgment (in French only)

Proulx c. Transactions GDG inc.

July 2018

Range stopped working approximately 5 years after purchase

Claim allowed in part

Summary

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;
  • $500 for inconvenience suffered.

Amount awarded

$1,690.58

  • $1,271.97 for depreciated value of range;
  • $206.96 for repair costs;
  • $11.65 for formal notice charges;
  • $200 for inconvenience suffered.

Full judgment (in French only)

Boudreau c. Electrolux Canada Corporation

June 2018

Range became unusable 6 1/2 years after purchase

Claim allowed in part

Summary

Purchase price: $2,989

Claim for $8,769

  • $2,989 for reimbursement of sale price;
  • $5,220 for restaurant meals for 348 days;
  • $560 for lost work hours.

Amount awarded

$2,989

For reimbursement of purchase price

Full judgment (in French only)

Couture c. Spécialistes de l'électroménager

April 2018

From the 1st days of use, range made unusual noise lasting some forty minutes when cooling mechanism was started

Claim allowed in part

Summary

Purchase price: not specified

Claim for $2,450 (reimbursement of purchase price and damages)

Amount awarded

$1,530.78

  • $919.23 for reduction in purchase price;
  • $86 for repair cost estimate;
  • $525.25 for inconvenience suffered.

Full judgment (in French only)

Dessureault c. Électrolux Major Appliances Canada

March 2017

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

Claim allowed

Summary

Purchase price: $2,199.99

Claim for $784.41

  • $735.99 for the costs of repairs;
  • $12.42 for postage expenses.

Amount awarded

$748.41

Full judgment (in French only)

Pouliot c. Sears Canada inc.

February 2017

Stove burners of range stopped working 4 years after purchase

Claim allowed in part

Summary

Purchase price: $1,799.99

Claim for $2,500 (reason not specified)

Amount awarded

$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;
  • $10.82 is postage expenses.

Full judgment (in French only)

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

Claim allowed in part

Summary

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;
  • $2,074.72 for loss of use of the oven for several months.

Amount awarded

$1,908.13

  • 50% of the purchase price;
  • $166.46 for costs;
  • $500 for loss of use of the oven.

Full judgment (in French only)

Bouchard c. Sears Canada inc.

June 2016

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

Claim dismissed

Summary

Purchase price: $1,108.43

Claim for $1,217.58 (reason not specified)

Amount awarded

$0

The breakdown is the result of misuse of the good

Full judgment (in French only)

Laforme (Succession de) c. Meubles Paquin

June 2016

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

Claim allowed

Summary

Purchase price: $599 plus taxes

Claim for $466.57 (cost of repair)

Amount awarded

$466.57

Full judgment (in French only)

Garneau c. Entrepôt The Brick, s.e.c.

February 2016

Glass-ceramic cooktop of range cracked 5 months after purchase

Claim allowed in part

Summary

Purchase price: $1,379.69, including tax

Claim for $2,100

  • Cost of new range;
  • compensation for the damage.

Amount awarded

$360

Cost of repairing cooktop

Full judgment (in French only)

Dang c. Samsung Electronics Canada inc.

September 2015

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.