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

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)

Hernandez c. Brick

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)

Lemay c. Brick

May 2016

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)

Coté c. 9290-8185 Québec inc.

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

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.