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

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)

Turcot c. LG Canada

February 2018

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)

Turcot c. LG Canada

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)

Khabbaz c. Groupe BMTC inc.

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

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 : October 12, 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.