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

Washer stopped working 4½ years after purchase

Claim allowed in part

Summary

Price paid : $739.07

Claim for $1,681.68

To reimburse sales price and various losses sustained

Amount awarded

$924.53

  • $453.80 for value of replacement washer;
  • $228.80 for technician’s fees;
  • $150 for inconvenience suffered;
  • $91.93 to reimburse costs incurred to determine cause of problem.

Full judgment (in French only)

Labrecque c. LG Électroniques Canada inc.

September 2019

Repeated problems with washer of washer-dryer set 1 year after purchase

Claim allowed in part

Summary

Price paid: $1,200

Claim for $1,768.99

  • $1,200 to reimburse sales price;
  • $68.99 for costs of repairs;
  • $500 for inconvenience suffered.

Amount awarded

$968.99

  • $600 for cancellation of sale of washer;
  • $300 for inconvenience suffered;
  • $68.99 for repair costs.

Full judgment (in French only)

Grondin c. GE Canada

May 2019

Washer began leaking as of first use

Claim allowed in part

Summary

Price paid: $550

Claim for $594.76

  • $550 to reimburse sales price;
  • $25.28 for purchase of USB flash drives submitted in evidence to establish leaking of washer;
  • $11.50 for costs of formal notice;
  • $7.98 for costs of photocopies.

Amount awarded

$586.78

  • $550 to reimburse sales price;
  • $25.28 for purchase of USB flash drives submitted in evidence to establish leaking of washer;
  • $11.50 for costs of formal notice.

Full judgment (in French only)

Lippé c. 9314-0614 Québec inc.

May 2019

Washer began leaking and making noise after 4½ years of use

Claim allowed in part

Summary

Price paid: $561.68

Claim for $894.41

  • $561.68 to reimburse price paid;
  • $97.73 for technician’s service fees;
  • $35 for costs of sending registered letters;
  • $200 for inconvenience suffered.

Amount awarded

$632.73

  • $300 for depreciated value of washer;
  • $97.73 for technician’s service fees;
  • $35 for postal fees;
  • $200 for inconvenience suffered.

Full judgment (in French only)

Labrecque Provencher c. Meubles Poisson ltée

March 2019

Washer and dryer stopped working normally 2 years after purchase

Claim allowed in part

Summary

Price paid: $2,639

Unspecified

Amount awarded

$2,829.20

  • $2,111.20 to reimburse price paid;
  • 218 to reimburse technicians’ fees;
  • $500 for inconvenience suffered.

Full judgment (in French only)

Desfeux c. LG Electronics Canada

February 2019

Water level sensor of washer failed and caused an overflow three and a half years after purchase

Claim allowed

Summary

Purchase price: unspecified

Claim for $19,043.54

For damage caused to property and building

Amount awarded

$19,043.54

Full judgment (in French only)

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

Claim allowed in part

Summary

Purchase price: $1,013.86

Claim for reimbursement of part of the purchase price and for damages (unspecified amount)

Amount awarded

$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.

Full judgment (in French only)

Picken c. Setlakwe

October 2018

Washer was defective after one year’s use and caught fire 7 years after sale

Claim allowed

Summary

Purchase price: $918.65

Claim for cancellation of sale

Amount awarded

$918.65

Full judgment (in French only)

Caputto c. Générale électrique du Canada

October 2018

Washer that showed traces of rust 2 years after purchase and whose paint started to deteriorate the following year

Claim allowed in part

Summary

Purchase price: $2,875.48 for the washer and dryer set

Claim for $3,175.48 

  • $2,875.48 for reimbursement of purchase price of the set;
  • $300 for miscellaneous expenses.

Amount awarded

$1,000

For partial resiliation of the sales contract

Full judgment (in French only)

Blais c. Sears Canada inc.

September 2018

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 : August 21, 2024

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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.