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.  

Examples of decisions

Issue Summary of claim Outcome Amount awarded Full judgment (in French only)
Television that did not work properly approximately 2 and a half years after purchase
(purchase price: $1,149.74)
Claim for $2,000
($1,149 for reimbursement of purchase price, $75 for inspection fees and $776 for the loss of use of the television and inconvenience suffered)
Claim allowed in part $935
($860 for partial reimbursement of the purchase price and $75 for inspection fees)
Alfa c. Mega Electronix inc.
(April 2018)
Television stopped working after less than 2 1/2 years of use (purchase price: $1,198.57) Claim for $2,294.82 ($1,198.57 for reimbursement of purchase price, $86.25 for repair costs, $1,000 in exemplary damages and $10 for formal notice charges) Claim allowed in part $1,294.82 ($1,198.57 for reimbursement of purchase price, $86.25 for repair costs and $10 for formal notice charges) Auclair c. Toshiba of Canada Ltd.
(January 2018)
Electric projection screen of home theatre system stopped working 15 months after purchase

(purchase price: not specified)

Claim for $836.61 Claim allowed in part $586.61

($261.91 for removal and replacement of screen, $24.70 for sending demand letter, and $300 for inconvenience suffered)

Bilodeau c. Groupe Kebecson inc.

(November 2017)

Television stopped working after 14 months of use

(purchase price: television obtained free of charge with subscription to telecommunications plan)

Claim for $996.18

(cost of repair or reimbursement of the television)

Claim allowed in part $736.02

($689.84 for cost of a new television and $46.18 for estimate of repair costs)

Bujold c. LG Electronics Canada inc.

(April 2017)

Television stopped working 16 months after purchase

(purchase price: $4,193.34 )

Application to cancel the sale Claim allowed $4,193.34

(reimbursement of purchase price)

Leduc c. Panasonic Canada inc.

(September 2016)

Television stopped working 5 ½ years after purchase (defective motherboard)

(purchase price: $3,188.34 plus tax, including $309.95 for an extended warranty)

Claim for $3,834.98

(reimbursement of purchase price including taxes, plus $100 for loss of time and other costs)

Claim allowed in part $500

(cost of repairing the television)

Gélinas c. LG Électroniques Canada

(June 2016)

Television that stopped working just over 5 years after purchase

(purchase price: $1,353.37)

Claim for $1,843.37

(cancellation of sale contract)

Claim allowed in part $690

($450 for the reduction of the sale price, $40 for costs of repairs estimate, and $200 for inconvenience suffered)

Jobin c. Samsung Electronics Canada

(August 2015)

Television stopped working 5 ½ years after purchase

(purchase price: $1,776.88, tax included)

Claim for $2,220.38

(reimbursement of purchase price, plus financing costs ($243.50) and $200 for inconvenience suffered)

Claim allowed in part $1,210.19

($888.44 for the reimbursement of 50% of purchase price, $121.75 for the reimbursement of 50% of the amount financed, and $200 for inconveniences suffered) 

Nadeau c. Samsung Canada

(March 2015)

Television defective fifteen months after purchase (purchase price: $2,370.38) Claim for $4,999

(reimbursement of purchase price, $337.75 for extended warranty, loss of use of the television, and reimbursement of cable service fees)

Claim allowed in part $3,832.73

(reimbursement of purchase price, $712.35 for reimbursement of extended warranty and cable service fees, and $750 in punitive damages)

Lépine c. Centre Hi-Fi (Lachenaie)

(March 2015)

Television stopped working 7 years after purchase

(purchase price: $2,848.75, including tax)

Claim for $2,848.75

(purchase price)

Claim dismissed  $0

(lack of evidence establishing reasonable lifespan of good)

Hamel c. Toshiba du Canada ltée

(January 2015)

Television stopped working 4 years after purchase

(purchase price: $1,799.99 plus tax)

Claim for $3,263.02

(including the reimbursement of four months’ satellite television subscription and compensation for lost time) 

Claim allowed in part $750

(reason not specified)

Hénonin c. Samsung Electronics Canada inc.

(November 2014)

Television stopped working 17 months after purchase

(purchase price: $930.56)

Claim for $930.56

(purchase price)

Claim allowed in part $750

(taking into account 17 months of use)

Clément c. LG Électroniques Canada inc.

(June 2014)

Television stopped working approximately two and a half years after purchase (automatically shuts off a few seconds after being turned on and the bottom of the screen cracked)

(purchase price: $1,851.67 plus $179.99 for extended warranty)

Claim for damages

(amount not specified)

Claim allowed in part $1,700 (loss of use of television)

 

Raffi c. Bricks

(May 2014)

Television stopped working after 3 ½ years of use

(purchase price: $2,857.96)

Claim for $3,897.96

($2,857.96 for the reimbursement of purchase price, $20 for postage expenses, $20 for travel expenses, $500 for loss of use of television, and $500 for inconvenience suffered)

Claim allowed in part $1,200

($1,000 reduction in purchase price plus $200 for inconvenience suffered)

Bétit c. Samsung électronique du Canada inc.

(March 2014)

Television stopped working three and a half years after purchase

(purchase price: $1,288.77)

Claim for $1,059.48

($945.55 representing residual value of 65% and $113.93 for cost of estimate)

Claim allowed in part $951.63

($113.93 for cost of estimate and $837.80 for residual value of television)

Cochrane c. Samsung Electronics Canada Inc.

(January 2014)

Television stopped working 1 ½ years after purchase

(purchase price: $649.99)

Claim for $1,483.94

($1,118.54 for the cost of repairs, $200 for storage costs, and $165.40 for attorney fees incurred in connection with sending the demand letter)

Claim allowed in part $1,318.54

(estimated cost of repairs and storage costs)

Tremblay-Bérubé c. Panasonic Canada inc.

(June 2013)

Television developed intermittent problem (screen would go black) six months after purchase

(purchase price: $787.87)

Claim for $787.87

(reimbursement of purchase price)

Claim allowed $787.87 Dionne Dubreuil c. Samsung Électronics Canada inc.

(April 2013)

Television stopped working after 2 ½ years of use

(purchase price: $1,500)

Amount of claim not specified Claim allowed $692.04

($417.30 for repair costs, $74.74 to reimburse cost of estimate and $200 for inconvenience suffered)

Bellemare c. LG Electronics Canada

(January 2013)

Lamp and optical unit of television broke less than three years after purchase

(price paid: $2,538, plus tax)

Claim for $1,397.56

(reason not specified)

Claim allowed in part $921.06

(replacement of optical unit)

Roy c. Hitachi Home Electrics (America) Inc.

(January 2013)

Note to the reader: The judgment summaries above were provided by SOQUIJ. In rare cases, they may have been subject to an appeal before a higher authority. If you intend on citing any of these judgments before the court, it is recommended that you check the minutes book of the courthouse in question.

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 : December 16, 2019

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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.