CanadaDo I have warranty rights if a product breaks after the manufacturer's warranty period?
Yes, you may still have legal warranty rights under provincial Sale of Goods legislation even after the manufacturer’s warranty expires — these are implied statutory warranties that cannot always be fully excluded.
What the Law Says
In Canada, consumer rights are protected not only by manufacturer warranties but also by implied statutory warranties set out in provincial Sale of Goods Acts. These apply automatically to most sales of goods and survive beyond the end of any written or limited manufacturer warranty.
Every province has a Sale of Goods Act (or equivalent) that implies certain warranties into contracts for the sale of goods — including that goods will be of merchantable quality and reasonably fit for the purpose for which they are sold.
These implied warranties exist independently of any express (written) warranty offered by the manufacturer or seller. They arise by law at the time of sale and generally last for a reasonable time — which courts assess based on the nature of the product, its price, and normal expectations.
Importantly, sellers cannot always fully exclude or limit these implied warranties — especially if doing so would be unfair or unconscionable, or if the exclusion is not brought clearly to the buyer’s attention.
What Courts Have Said
The Supreme Court of Canada has confirmed that statutory implied warranties — like fitness for purpose — continue to apply even when a product fails after an express warranty expires, and that exclusion clauses may not shield sellers from liability for fundamental breaches.
The Court held that an exclusion clause limiting liability did not override the implied statutory warranty of fitness for purpose under the Sale of Goods Act where the machinery failed catastrophically due to a latent defect — a fundamental breach. The expiry of the contractual warranty did not extinguish the statutory warranty claim.
What to Do
Check your provincial Sale of Goods Act (e.g., Ontario’s R.S.O. 1990, c. S.1) for implied warranty protections.
Gather proof of purchase, product details, and evidence of the defect (photos, repair records, expert opinions).
Contact the seller or manufacturer in writing to assert your statutory warranty rights.
If unresolved, consider filing a claim in small claims court — most provinces allow claims up to $15,000–$35,000 depending on jurisdiction.
Consult a lawyer or consumer protection office (e.g., Ontario’s Consumer Protection Branch) for advice specific to your case.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.