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 – Page 2
Refrigerator broke and needed repair after 5 years and 7 months of use
Claim allowed in part
Summary
Price paid: $1,698 plus tax
Claim for $1,379
- $357.92 for cost of repairs;
- $40 for sending of formal notices;
- $250 for loss of food;
- $700 for loss of use of refrigerator and in punitive damages.
Amount awarded
$997.92
- $357.92 to reimburse cost of repairs;
- $40 for costs of sending formal notices;
- $250 for loss of food;
- $350 for inconvenience suffered.
Full judgment (in French only)
Champagne c. Groupe BMTC inc. (Brault & Martineau)
May 2019
Refrigerator stopped working 14 months after purchase
Claim allowed in part
Summary
Price paid: $1,720
Claim for $3,950
- $1,720 to reimburse cost of refrigerator;
- $1,450 to reimburse cost of range;
- $600 to reimburse cost of dishwasher;
- $130 for delivery costs.
Amount awarded
$1,600
To reimburse sales price of refrigerator
Full judgment (in French only)
Saulnier c. Econoplus Électroménager
April 2019
Compressor of refrigerator stopped working nearly 3 years after purchase
Claim allowed in part
Summary
Price paid: $2,475
Claim for $4,394.93
- $2,475 to reimburse price paid;
- $206.94 to purchase mini-refrigerator;
- $400.86 for loss of half-days of leave from work;
- $600 for loss of food;
- $12.13 for costs of sending formal notice;
- $700 for inconvenience suffered.
Amount awarded
$1,881.36
- $1,172.66 for estimated cost of repairs;
- $97.17 for cost of service call;
- $350 for loss of food;
- $250 for inconvenience suffered;
- $12.13 for costs of sending formal notice.
Full judgment (in French only)
Cloutier c. LG Électroniques Canada inc.
March 2019
Refrigerator with defective compressor approximately 3 years after purchase
Claim allowed in part
Summary
Price paid: $2,379.92
Unspecified
Amount awarded
$1,267.13
Estimated cost of repairs
Full judgment (in French only)
Chouinard c. LG Électronics Canada inc.
January 2019
Used refrigerator stopped working 1 year after purchase
Claim allowed in part
Summary
Price: $375
Unspecified
Amount awarded
$847.09
- $747.09 for cost of repairs;
- $100 for inconvenience suffered.
Full judgment (in French only)
January 2019
Refrigerator with an ice making system and a cold water dispenser whose valve burst a little less than three years after purchase
Claim allowed
Summary
Purchase price: unspecified
Claim for $19,900
For water damage
Amount awarded
$19,900
Full judgment (in French only)
La Capitale assurances générales inc. c. Meubles Gélinas (1985) inc.
November 2018
Freezer that stopped working shortly after purchase
Claim allowed
Summary
Purchase price: $6,200
Claim for cancellation of the sale and reimbursement of expert fees and postage by registered mail
Amount awarded
$6,234.55
- $6,000 for reimbursement of purchase price;
- $223.05 for expert fees;
- $11.50 for mailing costs.
Full judgment (in French only)
3324214 Canada inc. c. Équipements Plus inc.
August 2018
Refrigerator stopped working after three years
Claim allowed in part
Summary
Purchase price: $2,068.40
Claim for $8,084.22
Amount awarded
$2,147.88
Value of the refrigerator after 30% depreciation
Full judgment (in French only)
Lefebvre c. Samsung Electronics Canada inc.
June 2018
Refrigerator stopped working less than 5 years after purchase
Claim allowed in part
Summary
Purchase price: $2,325.20
Claim for $4,274.16
- $1,950.48 for residual value of refrigerator;
- $326.53 for reimbursement of extended warranty;
- $575 for loss of food items;
- $500 for loss of use of appliance, loss of time and inconvenience;
- $900 for lost wages.
Amount awarded
$2,564.13
- $1,162.60 for reduction in sale price;
- $326.53 for reimbursement of extended warranty;
- $575 for loss of food items;
- $500 for loss of time and inconvenience suffered.
Full judgment (in French only)
Giroux c. Magasin Best-Buy ltée
March 2018
Refrigerator stopped working 5 years after purchase
Allowed in part
Summary
Purchase price: unspecified
Claim for cancellation of the sale and $4,860 (for damage suffered)
Amount awarded
$2,883.51
- $2,563.51 for loss of refrigerator;
- $320 for inconvenience suffered.
Full judgment (in French only)
February 2018
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 : March 2, 2023
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