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)
Water level sensor of washer failed and caused an overflow three and a half years after purchase
(purchase price: unspecified)
Claim for $19,043.54
(for damage caused to property and building)
Claim allowed $19,043.54 Promutuel Portneuf-Champlain c. Meubles Jacques Veilleux inc.
(December 2018)
Dryer that started to make an unusual sound after four and a half years’ use
(purchase price: $1,013.86)
Claim for reimbursement of part of the purchase price and for damages
(unspecified amount)
Claim allowed in part $594.54
($432.92 for reimbursement of purchase price, $150 for loss of use of the dryer and inconvenience suffered, $11.62 for costs of formal notice)
Picken c. Setlakwe
(October 2018)
Washer was defective after one year’s use and caught fire 7 years after sale (purchase price: $918.65) Claim for cancellation of sale Claim allowed $918.65 Caputto c. Générale électrique du Canada
(October 2018)
Washer staining clothes after 1 year and 11 months of use

(purchase price: $1,114.11, taxes included)

Claim for $1,774.10

(reimbursement of purchase price of washer and protection plan, plus damages)

Claim allowed in part $1,355.20

($775.20 for partial reimbursement of purchase price of washer, $500 for inconvenience suffered, and $80 for partial reimbursement of protection plan)

Bérard c. Spécialistes de l'électroménager

(November 2017)

Washer no longer working 3 and a half years after purchase

(purchase price: $827.81)

Claim for $1,511.31

($827.81 in reimbursement of purchase price, $150 for inspection fees, $33.50 for fees incurred to send formal demand letters, and $500 for inconvenience suffered)

Claim allowed in part $829.47

($579.47 in reimbursement of purchase price after 30% depreciation and $250 for inconvenience suffered)

Vaillancourt c. 7026111 Canada inc.

(September 2017)

Bleach and fabric softener compartment not draining completely after a few days of use

(purchase price: $1,487.44 for washer, dryer, and a four-year extended warranty)

Claim for $4,910.98

(reason not specified)

Claim allowed in part $2,487.44

(reimbursement of purchase price plus $1,000 for inconvenience suffered)

Thériault Deschênes c. Meubles J.C. Perreault inc.

(June 2017)

Used washer did not empty water and made unusual noise as of 1 st use

(purchase price: $850 for washer-dryer set)

Claim for $2,350

(cancellation of sale and damages)

Claim allowed in part $800

($400 for repair costs and $400 for loss of time and inconvenience suffered)

Pinette c. Électro-Sorel enr.

(April 2017)

Washer found to be defective 2 and a half years after purchase

(purchase price: $517.37, including tax)

Claim for $5,000

($1458 for washing expenses, $1,371.50 for loss of time, $129.69 for transportation expenses, $150 for purchase of a used washer, $1,300 for purchases made on credit, and $593.81 in damages)

Claim allowed in part $3,618.42

($517.37 for reimbursement of purchase price, $144.86 for reimbursement of extended warranty, $1,458 for washing expenses, $1,371.50 for loss of time, and $126.69 for transportation expenses)

Plourde c. Sears Canada inc.

(December 2016)

Washing machine stopped working 3 years after purchase

(purchase price: $1,279.99)

Claim for $746.48

($59.73 for 1 st estimate, $80 for laundry expenses during period of breakdown, $596.25 for repair costs, and $11.50 for expenses incurred for registered mail)

Claim allowed $746.48 Labarre c. Général électrique du Canada

(October 2016)

The washing machine’s motor stopped working 34 months after purchase

(purchase price: not specified)

Claim for $746.08

(amount of $686.08 charged to replace the motor and $60 for inconveniences suffered)

Claim allowed  $746.08 Fortin c. Mabe

(July 2016)

Three parts of a washing machine broke down 4 years and 5 months after purchase

(purchase price: $1,294.98)

Claim for $1,817.11

($1,294.98 for the reimbursement of purchase price, $24.90 for postage fees, $97.73 for technician’s service fees, $100 for travel expenses, and $300 for loss of time and laundry expenses)

Claim allowed in part $1,000

($700 for the value of the washing machine and $300 for inconveniences suffered)

Licatese c. 9121-4759 Québec inc.

(June 2016)

Washing machine stopped working 5 years after purchase

(purchase price: $977.28)

Claim for $1,500

(reimbursement of purchase price and miscellaneous damages)

Claim allowed in part $603.45

(approximately $488.69 for the reimbursement of 50% of purchased price, $103.42 for assessment fees, and $11.34 for postage expenses)

Verlaine c. Sears Canada inc.

(June 2016)

Washing machine stopped working approximately 6 years after purchase

(purchase price: $1,099.39 plus tax)

Claim for $999.99 Claim allowed in part $624.60

(taking into account the fact that the washing machine worked for the equivalent of 60% of its useful life)

Montpetit c. Meuble Léon ltée

(June 2016)

Washing machine making excessive noise 2 years after purchase

(purchase price: $1,000.35)

Claim for $1,542.57

(reimbursement of purchase price, plus damages of $517.74 for labour and parts for repair, and $24.83 for postage fees)

Claim allowed in part $1,342.22

(reimbursement of purchase price less 20% depreciation)

Gagnon c. Meubles Poisson ltée

(April 2016)

Dryer that could no longer be turned off using the “on/off” button 3 years after purchase

(purchase price: $809.55)

Claim for $3,022.06

($1,230.18 for purchase of new dryer, $155.22 for electrician’s fees, $49.43 for purchase of clothes drying rack, $180 for laundry expenses, $122.40 for travel expenses, $1,260 for loss of time, and $24.83 for postage fees)

Claim allowed in part $949.26

($475 for replacement of dryer, $24.83 for postage fees, $49.43 for purchase of clothes drying rack, and $400 for laundry expenses and loss of time)

Plamondon c. Brick Warehouse, l.p.

(April 2016)

Washer defective upon 1 st use on the day of delivery

(purchase price: $591.39)

Application to cancel the sale of the washer and the dryer (total: $1,125.85) Claim allowed in part $791.45

(reimbursement of the washer only, $11.75 for cost of demand letter, and $100 for inconvenience suffered) 

Roy c. Meubles Paquin

(May 2015)

Washer stopped working less than 2 years after purchase

(purchase price: $549 plus tax)

Claim for $1,950.50

($1,037.96 for the reimbursement of purchase price of washer and dryer set, $512.54 for repair costs, and $400 for loss of use)

Claim allowed in part $934.76

($500 for reimbursement of the washer, $334.76 for repair costs, and $100 for inconvenience suffered and loss of use)

Lavoie c. Whirlpool Canada inc.

(May 2015)

Front-loading washer stopped working 5 years after purchase

(purchase price: $950)

Claim for $1,368.44

($650 for the estimated cost of repairs, $93 for the cost of the estimate, $600 in damages, and $25.44 for postage fees)

Claim allowed in part $868.44

($650 for the estimated cost of repairs, $93 for the cost of the estimate, $25.44 for postage fees, and $100 in damages)

Beaudet c. Ameublement Tanguay inc.

(May 2015)

Washer broke down less than 2 years after purchase

(purchase price: $664.56)

Claim for $1,089.67

(reason not specified)

Claim allowed in part $896.06

($506.40 for the cost of repairs, $200 for inconvenience suffered, and $189.66 for the cost of the repair estimate)

Jacques c. Mabe Canada inc.

(March 2015)

Washer stopped working 13 months after purchase

(purchase price: $999.99)

Claim for $999.99

(reimbursement of purchase price)

Claim allowed in part $875

(taking into account 13 months of use out of a reasonable durability period of 10 years)

Côté c. Sears Canada 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.