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 – Page 2
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)
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)
September 2018
Washer staining clothes after 1 year and 11 months of use
Claim allowed in part
Summary
Purchase price: $1,114.11, taxes included
Claim for $1,774.10
Reimbursement of purchase price of washer and protection plan, plus damages
Amount awarded
$1,355.20
- $775.20 for partial reimbursement of purchase price of washer;
- $500 for inconvenience suffered;
- $80 for partial reimbursement of protection plan.
Full judgment (in French only)
Bérard c. Spécialistes de l'électroménager
November 2017
Washer no longer working 3 and a half years after purchase
Claim allowed in part
Summary
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;
- $500 for inconvenience suffered.
Amount awarded
$829.47
- $579.47 in reimbursement of purchase price after 30% depreciation;
- $250 for inconvenience suffered.
Full judgment (in French only)
Vaillancourt c. 7026111 Canada inc.
September 2017
Bleach and fabric softener compartment not draining completely after a few days of use
Claim allowed in part
Summary
Purchase price: $1,487.44 for washer, dryer, and a four-year extended warranty
Claim for $4,910.98 (reason not specified)
Amount awarded
$2,487.44
Reimbursement of purchase price plus $1,000 for inconvenience suffered
Full judgment (in French only)
Thériault Deschênes c. Meubles J.C. Perreault inc.
June 2017
Used washer did not empty water and made unusual noise as of 1st use
Claim allowed in part
Summary
Purchase price: $850 for washer-dryer set
Claim for $2,350 (cancellation of sale and damages)
Amount awarded
$800
- $400 for repair costs;
- $400 for loss of time and inconvenience suffered.
Full judgment (in French only)
April 2017
Washer found to be defective 2 and a half years after purchase
Claim allowed in part
Summary
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;
- $593.81 in damages.
Amount awarded
$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;
- $126.69 for transportation expenses.
Full judgment (in French only)
December 2016
Washing machine stopped working 3 years after purchase
Claim allowed
Summary
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;
- $11.50 for expenses incurred for registered mail.
Amount awarded
$746.48
Full judgment (in French only)
Labarre c. Général électrique du Canada
October 2016
The washing machine’s motor stopped working 34 months after purchase
Claim allowed
Summary
Purchase price: not specified
Claim for $746.08
- Amount of $686.08 charged to replace the motor;
- $60 for inconveniences suffered.
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 : May 3, 2021
Were you unable to find an answer to your question? Please call us.
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.
You can reach one of our customer service officers by telephone or in writing using our information request form.