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 3
Refrigerator stopped working after 5 years of use
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $4,860
Reimbursement of purchase price and various damages
Amount awarded
$2,883.51
- $2,563.51 for loss of refrigerator;
- $320 for inconvenience suffered.
Full judgment (in French only)
February 2018
Refrigerator stopped working 8 months after sale
Claim allowed in part
Summary
Purchase price: $918.63
Claim for $3,718.63
- $918.63 for reimbursement of purchase price;
- $300 for temporary rental of a refrigerator;
- $2,500 for inconvenience suffered.
Amount awarded
$1,418.63
- $918.63 for reimbursement of purchase price;
- $500 for inconvenience suffered.
Full judgment (in French only)
January 2018
Used refrigerator found to be defective shortly after purchase
Claim allowed in part
Summary
Purchase price: $600
Claim for $3,341
- $120 for repair estimate;
- $200 for repair costs;
- $150 for delivery;
- $500 for loss of food;
- $2,000 for trouble and inconvenience;
- $50 for postage fees;
- $321 for legal costs.
Amount awarded
$450
- $313.32 for repair costs;
- $45.56 for loss of food;
- $45.56 for trouble and inconvenience;
- $45.56 for transportation expenses.
Full judgment (in French only)
Labelle c. Ouertani (Atelier seconde chance des électroménagers et Tronidev)
December 2017
Freezer stopped working after 5 years of use
Claim allowed in part
Summary
Purchase price: $1,121.01
Claim for $2,599
Including $1,000 for loss of food and $300 for the purchase of a temporary freezer
Amount awarded
$1,712.21
- Reduction in purchase price of $712.21;
- $1,000 for loss of food.
Full judgment (in French only)
Migneault c. Electrolux Home Care Products Canada Inc.
January 2017
Refrigerator did not cool
Claim allowed in part
Summary
Purchase price: $300
Claim for $1,038.82
Reimbursement of purchase price, truck rental expenses, and inconveniences suffered
Amount awarded
$618.40
- $300 for the refrigerator that did not work properly;
- $118.40 for transportation expenses;
- $200 for inconveniences suffered.
Full judgment (in French only)
Labrecque c. 9290-8185 Québec inc.
January 2017
Refrigerator not working properly 2 years after purchase
Claim allowed in part
Summary
Purchase price: $1,764.16
Claim for $778.30
Reimbursement of repair costs and compensation for lost food
Amount awarded
$578.30
Repair costs
Full judgment (in French only)
Landry c. Brault & Martineau inc.
January 2017
Refrigerator was leaking 2 months after purchase
Claim allowed in part
Summary
Purchase price: $746.18
Claim for $2,000
Reimbursement of purchase price and inconvenience suffered
Amount awarded
$650
- Reduction in sale price of $500;
- $150 for inconvenience suffered.
Full judgment (in French only)
November 2016
Refrigerator stopped working 4 years after purchase
Claim allowed in part
Summary
Purchase price: $624.01 plus taxes
Claim for $2,500
- $800 for reimbursement of purchase price;
- $1,000 for loss of food, and $700 for inconvenience suffered.
Amount awarded
$1,174
- Reimbursement of purchase price less $200 for 4 years of use;
- $450 for loss of food, and $300 for inconvenience suffered.
Full judgment (in French only)
Nunez c. Brick Warehouse, l.p. (Brick)
June 2016
Appearance of bumps on freezer drawer of refrigerator in the months following purchase
Claim allowed in part
Summary
Purchase price: not specified
Claim for $565 (cost of repairs)
Amount awarded
$447.86
- $280.40 for the cost of a new panel;
- $100 for replacement costs, and postage expenses.
Full judgment (in French only)
Champagne c. Samsung Électronique Canada inc.
May 2016
The refrigerator’s compressor stopped working less than 3 years after purchase
Claim allowed in part
Summary
Purchase price: $1,206.08. including $149.99 for extended warranty
Claim for $2,680.99
- $1,206.08 for reimbursement of purchase price;
- $550.41 for the difference between the price paid for the refrigerator and the price of its replacement without any discount;
- $200 for the loss of food;
- $22 for expenses incurred for the demand letter;
- $202.50 for travel expenses;
- $500 for inconveniences suffered.
Amount awarded
$1,403.09
- $640 for reimbursement of the purchase price less depreciation of 20%;
- $149 for cost of the guarantee;
- $158.09 for taxes;
- $100 for loss of food;
- $22 for postage fees;
- $135 for travel expenses;
- $200 for inconveniences suffered.
Full judgment (in French only)
May 2016
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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