A B.C. man has lost his bid to sue Apple for claims his MacBook battery didn’t last as long as he alleged the computer giant said it would.
In her May 5 decision, B.C. Civil Resolution Tribunal vice-chair Sherelle Goodwin said Xiaoxian Zhou received a MacBook Pro laptop computer in July 2020. Zhou claimed the computer's battery never lasted for 10 hours, the time he said Apple allegedly advertised it should.
Zhou claimed Apple’s advertisement is a deceptive practice under the Business Practices and Consumer Protection Act.
He asserted Apple refused to repair or replace the MacBook, or its allegedly defective battery, under the extended warranty he purchased. He claimed $3,375 in damages, which he says is the MacBook’s original sale price.
Apple denied any wrongdoing, saying the advertised battery life is up to 10 hours, dependent on use. The company also said testing showed the MacBook battery lasted over eight hours — within advertised expectations. Apple also said Zhou did not purchase the MacBook so there is contract between them.
Goodwin found someone else had purchased the MacBook on his behalf so a contract was established. As such, she ruled, the tribunal does have jurisdiction.
Apple, meanwhile, said the tribunal has no jurisdiction in the case and that the claim was beyond the two-year limitation period to bring a case forward. Goodwin said Zhou filed his dispute resolution application on Oct. 6, 2022. He claimed that is when he discovered that the MacBook’s battery lasts less than 50% of the advertised battery life.
However, Goodwin noted an earlier tribunal application from Zhou where he wrote that when he first received the MacBook in June 2020, the battery would last for seven hours of internet browsing and that, as of Oct. 6, 2022, the battery would last for less than five hours.
“I find Mr. Zhou discovered that alleged deficiency when he first received the computer in June 2020,” Goodwin said.
As a result, she said, his claim was out of time.
