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 3
Washing machine making excessive noise 2 years after purchase
Claim allowed in part
Summary
Purchase price: $1,000.35
Claim for $1,542.57
- Reimbursement of purchase price;
- damages of $517.74 for labour and parts for repair;
- $24.83 for postage fees.
Amount awarded
$1,342.22
Reimbursement of purchase price less 20% depreciation
Full judgment (in French only)
Gagnon c. Meubles Poisson ltée
April 2016
Dryer that could no longer be turned off using the “on/off” button 3 years after purchase
Claim allowed in part
Summary
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;
- $24.83 for postage fees.
Amount awarded
$949.26
- $475 for replacement of dryer;
- $24.83 for postage fees;
- $49.43 for purchase of clothes drying rack;
- $400 for laundry expenses and loss of time.
Full judgment (in French only)
Plamondon c. Brick Warehouse, l.p.
April 2016
Washer defective upon 1st use on the day of delivery
Claim allowed in part
Summary
Purchase price: $591.39
Application to cancel the sale of the washer and the dryer (total: $1,125.85)
Amount awarded
$791.45
- Reimbursement of the washer only;
- $11.75 for cost of demand letter;
- $100 for inconvenience suffered.
Full judgment (in French only)
May 2015
Washer stopped working less than 2 years after purchase
Claim allowed in part
Summary
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;
- $400 for loss of use.
Amount awarded
$934.76
- $500 for reimbursement of the washer;
- $334.76 for repair costs;
- $100 for inconvenience suffered and loss of use.
Full judgment (in French only)
Lavoie c. Whirlpool Canada inc.
May 2015
Front-loading washer stopped working 5 years after purchase
Claim allowed in part
Summary
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;
- $25.44 for postage fees.
Amount awarded
$868.44
- $650 for the estimated cost of repairs;
- $93 for the cost of the estimate;
- $25.44 for postage fees;
- $100 in damages.
Full judgment (in French only)
Beaudet c. Ameublement Tanguay inc.
May 2015
Washer broke down less than 2 years after purchase
Claim allowed in part
Summary
Purchase price: $664.56
Claim for $1,089.67 (reason not specified)
Amount awarded
$896.06
- $506.40 for the cost of repairs;
- $200 for inconvenience suffered;
- $189.66 for the cost of the repair estimate.
Full judgment (in French only)
March 2015
Washer stopped working 13 months after purchase
Claim allowed in part
Summary
Purchase price: $999.99
Claim for $999.99 (reimbursement of purchase price)
Amount awarded
$875
Taking into account 13 months of use out of a reasonable durability period of 10 years
Full judgment (in French only)
January 2013
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 : November 12, 2020
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.
