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
Induction plate of second-hand range stopped working 2 years after purchase
Claim dismissedSummary
Purchase price: $1,974 for the range, a dishwasher, a microwave, and a range hood
Claim for $764.21 (cost of repairs)
Amount awarded
$0
Reasonable lifespan given the purchase price and conditions set out in the contract
Full judgment (in French only)
Couture c. Agences Mirabex inc.
July 2015
Range affected by moisture problem, range door not watertight, and malfunction of 2 burners less than 2 years after purchase
Claim allowed in partSummary
Purchase price: $788.97, including $100 for extended warranty
Claim for $788.97 (reimbursement of purchase price, including the extended warranty)
Amount awarded
$700.33
- $598.99 plus taxes for reimbursement of purchase price of range only without the extended warranty;
- $11.50 in postage fees.
Full judgment (in French only)
St-Pierre c. Meubles Branchaud
May 2015
Glass-ceramic top of range cracked 4 years after purchase
Claim allowedSummary
Purchase price: $1,000
Claim not specified
Tempered-glass top of range shattered less than 3 years after purchase
Claim allowed in partSummary
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;
- $86.16 for expert fees.
Amount awarded
$708.36
- Reimbursement of purchase price less 15% depreciation;
- $30 for extended warranty;
- $10 for postage expenses;
- $86.16 for expert fees.
Full judgment (in French only)
April 2014
Range that had to be repaired several times after 3 years of use
Claim allowed in partSummary
Purchase price: $1,999
Claim for $3,310
- Reimbursement of purchase price and cost of repairs;
- damages for inconvenience suffered.
Amount awarded
$583.16 (cost of repairs)
Full judgment (in French only)
Small c. Almar Appliance/Almar Électroménager ltée
November 2013
Enamel of oven completely deteriorated in less than 3 years
Claim allowedSummary
Purchase price: $2,528.35
Application to cancel the sale
Amount awarded
$2,528.38 (reimbursement of purchase price)
Full judgment (in French only)
Lampron c. 9136-9074 Québec inc. (Corbeil Électroménagers)
November 2013
Main electronic controller of induction range had to be replaced 3 ½ years after purchase
Claim allowedSummary
Purchase price: $3,273.36
Claim for $999.11 (cost of repairs)
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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