Montreal man takes stove manufacturer to court over broken part and wins

Consumer protection supports stove lawsuit A malfunctioning unavailable piece on a stove prompted a consumer protection-supported lawsuit.

A Montreal man has won a small claims court case with the help of Quebec’s consumer protection office after a manufacturer refused to replace a part.

Graeme Bishops remodelled his kitchen a few years ago and invested in the best stove oven he could buy.

Four years later, however, Bishops noticed a major and dangerous malfunction when electrical shorting was hot enough to melt the connectors in a part.

He attempted to order the part so he could replace it, but the manufacturer told him the part was discontinued.

“We're not talking about a spring or a screw; we're talking about an integral piece of the item not being available and not being supported aftermarket,” said Bishops.

The manufacturer refused to exchange the range and only offered him a discount on a new one.

He took the manufacturer to court to seek reimbursement and won.

Quebec’s consumer protection office was on his side.

“The law says that goods must work for a reasonable amount of time. It can have it must have a reasonable lifespan,” said Option Consommateurs spokesperson Sara Levac.

Reasonable lifespan is hard to define, but Option Consommateurs keeps an updated list of what tribunals have recognized using the term.

The office stipulates that home appliances should last at least 15 years.

“But when we talk about appliances like ovens, ovens or fridge, usually the legal warranties is rather long. It's multiple years,” said Levac.

The judge ordered the manufacturer to reimburse half the cost of Bishops’ $1,800 range, which he used to buy another one from a different company.

Option Consommateurs reminds customers that when the law is on their side, do not hesitate to fight and demand compensation.