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

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)

Diarra c. Brick

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)

Jacques c. Sears Canada inc.

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.

Amount awarded

$1,499.96

Full judgment (in French only)

Latouche c. Samsung Canada

June 2014

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)

Guerra c. Sears Canada

January 2014

Compressor of refrigerator stopped working five years and four months after purchase

Claim dismissed

Summary

Purchase price: $1,299

Claim or $2,300

  • Including the reimbursement of purchase price;
  • $400 for loss of food.

Amount awarded

$0

Full judgment (in French only)

Paskievici c. Almar Appliance Ltd.

November 2013

Refrigerator leaking less than one year after purchase and freezer stopped working

Claim allowed in part

Summary

Purchase price: $1,859.99

Claim for $2,500

  • Cost of refrigerator, transportation costs;
  • expenses related to repairing the kitchen floor;
  • replacing damaged refrigerator doors.

Amount awarded

$930

50% of purchase price

Full judgment (in French only)

Chachai c. Mobilier 2000 inc.

February 2013

Réfrigérateur inutilisable environ 7 ans après l’achat

Demande accueillie

Summary

Prix payé non précisé

Réclamation de 1 738,35 $

  • 1 135,40 $ pour la valeur résiduelle du réfrigérateur;
  • 252,95 $ pour les frais du technicien;
  • 350 $ pour les inconvénients subis ainsi que la perte d’aliments.

Amount awarded

1 738,35 $

Full judgment (in French only)

Vivier c. LG Électroniques Canada inc.

January 1970

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.