ACLO wrote, “If a coffee maker has a defective power button does that mean it's not fit for use and the retailer has not done their due diligence? No. Bring it back, get a replacement with a good button, end of story.”
A coffee maker that “has a defective power button” is, well, defective. The customer is legally entitled to a refund. Or, if they prefer, a replacement/exchange.
ACLO claims that it's "fit for use", even though it can't even be turned on - how they heck can it make coffee???
Oh, I suppose it might be stuck "on", so the only way to shut the thing off is by unplugging it. Are we to assume the teenager at Returns is going to use that as an excuse? "Well, if makes coffee, doesn't it?" Sorry, that's just not good enough. If the device was built with an "off" switch, then the switch should work, despite the fact that there's an inconvenient work-around.
And what's this "due diligence" crap? What is it that the retailers was supposed to have done? Nobody says they have to inspect every item they sell. But they have to stand behind it, by providing a refund if it turns out to be defective (or an exchange, if the customer is OK with that).
The law is discussed here:
https://www.canadiantiresucks.net/g...ints-chat/707-sale-goods-act-10.html#post4599
There is nothing in the law about a retailer’s “due diligence” – only about the retailers obligation to provide a refund for the defective or misrepresented products they sold.