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 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

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)

Pinette c. Électro-Sorel enr.

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)

Plourde c. Sears Canada inc.

December 2016

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.