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 4
Refrigerator that stopped working after 5 years and 9 months of use
Claim allowed in part
Summary
Purchase price: not specified
Claim for $1,611.90
- $21 for postage fees;
- $91.93 for assessment costs;
- $200 for loss of food;
- $799 for replacement of refrigerator;
- $500 for inconvenience suffered.
Amount awarded
$1,202.43
- $400 for the value of refrigerator at the time of breakdown;
- $10.50 for postage fees;
- $91.93 for assessment costs;
- $200 for loss of food;
- $500 for inconvenience suffered.
Full judgment (in French only)
Sanctus c. Electrolux Major Appliances
April 2016
Refrigerator stopped working approximately 7 ½ years after purchase
Claim allowed in part
Summary
Purchase price: $949.99
Amount of claim not specified
Amount awarded
$1,050.88
- $617.18 for loss of refrigerator;
- $209.25 for the cost of repairs;
- $24.25 for disbursements;
- $200 for loss of food.
Full judgment (in French only)
Boyer c. LG Electronics Canada Inc.
April 2016
Used refrigerator that stopped working after delivery and that was overheating less than one year after being repaired
Claim allowed in part
Summary
Purchase price: $715, including delivery
Claim for $839.75
- $715 for purchase price;
- $50 for loss of food;
- $74.75 for cost of technician.
Amount awarded
$487.20
- $212.45 for cost of repairs;
- $150 for cost of replacement refrigerator;
- $50 for loss of food;
- $74.75 for reimbursement of cost of technician.
Full judgment (in French only)
April 2016
Refrigerator has problems maintaining temperature 5 years after purchase
Claim allowed in part
Summary
Purchase price: $1,569
Claim for $854.06 (for repairs performed)
Amount awarded
$500
Taking into account depreciation
Full judgment (in French only)
Asselin c. Meubles Jacob et Fils ltée
March 2016
Refrigerator purchased in 2008 stopped working six times (145 days) from 2011 to 2015
Claim allowed in part
Summary
Purchase price: $2,863 for several appliances, including refrigerator
Claim for $5,760 (for reimbursement of purchase price, among other things)
Amount awarded
$3,945.86
- $1,645.86 for lasting only half of useful life;
- $500 for loss of food;
- $1,800 for inconvenience suffered.
Full judgment (in French only)
Chrétien c. Corbeil Électrique inc.
October 2015
Refrigerator stopped working after 7 months of use
Claim allowed
Summary
Purchase price: $1,000
Claim for $1,000 (reimbursement of purchase price)
Amount awarded
$1,114.96
Including $114.96 in evaluation fees
Full judgment (in French only)
Gosselin c. LG Électroniques Canada inc.
June 2015
New refrigerator stopped working properly 14 months after purchase
Claim allowed in part
Summary
Purchase price: $732.56, tax included
Claim for $2,000
- $732.56 for reimbursement of purchase price;
- $20 for technician’s fees;
- $400 for loss of food;
- $847.44 for inconvenience suffered.
Amount awarded
$1,652.56
Claim for inconvenience suffered reduced to $500
Full judgment (in French only)
February 2015
Refrigerator’s compressor stopped working approximately 7 years after purchase
Claim allowed
Summary
Purchase price: $1,110.08
- Claim for 50% of purchase price;
- $100 for loss of food;
- $100 for inconvenience suffered;
- $86.22 for repairer’s travel expenses.
Amount awarded
$850
Reasons not specified
Full judgment (in French only)
June 2014
Refrigerator stopped working after 6 years of use
Claim allowed
Summary
Purchase price: $1,499.96
Claim for $1,499.96
- Damages for loss of use of the good, loss of food;
- loss of days of work;
- broken cabinets;
- costs incurred.
Refrigerator thermostat stopped working after four years of use
Claim allowed in part
Summary
Purchase price: not specified
Claim for $374.46
Cost of repairs and loss of food
Amount awarded
$283.48
- $100 for loss of food;
- $183.48 for cost of repairs.
Full judgment (in French only)
January 2014
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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