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
Television stopped working 5 ½ years after purchase (defective motherboard)
Claim allowed in partSummary
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
Amount awarded
$500
Cost of repairing the television
Full judgment (in French only)
Gélinas c. LG Électroniques Canada
June 2016
Television that stopped working just over 5 years after purchase
Claim allowed in partSummary
Purchase price: $1,353.37
Claim for $1,843.37
Cancellation of sale contract
Amount awarded
$690
- $450 for the reduction of the sale price;
- $40 for costs of repairs estimate;
- $200 for inconvenience suffered.
Full judgment (in French only)
Jobin c. Samsung Electronics Canada
August 2015
Television stopped working 5 ½ years after purchase
Claim allowed in partSummary
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
Amount awarded
$1,210.19
- $888.44 for the reimbursement of 50% of purchase price;
- $121.75 for the reimbursement of 50% of the amount financed;
- $200 for inconveniences suffered.
Full judgment (in French only)
March 2015
Television defective fifteen months after purchase
Claim allowed in partSummary
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
Amount awarded
$3,832.73
- Reimbursement of purchase price;
- $712.35 for reimbursement of extended warranty and cable service fees;
- $750 in punitive damages.
Full judgment (in French only)
Lépine c. Centre Hi-Fi (Lachenaie)
March 2015
Television stopped working 7 years after purchase
Claim dismissedSummary
Purchase price: $2,848.75, including tax
Claim for $2,848.75 (purchase price)
Amount awarded
$0
Lack of evidence establishing reasonable lifespan of good
Full judgment (in French only)
Hamel c. Toshiba du Canada ltée
January 2015
Television stopped working 4 years after purchase
Claim allowed in partSummary
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
Amount awarded
$750
Reason not specified
Full judgment (in French only)
Hénonin c. Samsung Electronics Canada inc.
November 2014
Television stopped working 17 months after purchase
Claim allowed in partSummary
Purchase price: $930.56
Claim for $930.56 (purchase price)
Amount awarded
$750
Taking into account 17 months of use
Full judgment (in French only)
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)
Claim allowed in partSummary
Purchase price: $1,851.67 plus $179.99 for extended warranty
Claim for damages (amount not specified)
Amount awarded
$1,700
Loss of use of television
Full judgment (in French only)
May 2014
Television stopped working after 3 ½ years of use
Claim allowed in partSummary
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;
- $500 for inconvenience suffered.
Amount awarded
$1,200
$1,000 reduction in purchase price plus $200 for inconvenience suffered
Full judgment (in French only)
Bétit c. Samsung électronique du Canada inc.
March 2014
Television stopped working three and a half years after purchase
Claim allowed in partSummary
Purchase price: $1,288.77
Claim for $1,059.48
- $945.55 representing residual value of 65%;
- $113.93 for cost of estimate.
Amount awarded
$951.63
- $113.93 for cost of estimate;
- $837.80 for residual value of television.
Full judgment (in French only)
Cochrane c. Samsung Electronics Canada Inc.
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 : June 27, 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.
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