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.  

Examples of decisions

Issue Summary of claim Outcome Amount awarded Full judgment (in French only)
Polyurethane of sofa started to deteriorate four years after purchase
(purchase price: $1,400)
Claim for $1,000
(in reduction of purchase price)
Claim allowed in part $700 Brisson-Deodati c. Meubles Loren inc.
(October 2018)
Cushions of leather loveseat and sofa fade, covering turns yellow and cracks, and arms show signs of wear and tear 2 years after purchase (purchase price: unspecified) Claim for $5,078.49 (reimbursement of purchase price and cost of anti-stain service plan) Claim allowed in part $2,500 (unspecified reason) Thibault c. Meubles Croteau
(May 2018)
Leather loveseat that had a discoloration problem a few months after purchase
(purchase price: $1,199 plus taxes)
Claim for $1,513.25
($1,413.35 for reimbursement of purchase price, including taxes, and $100 for inconvenience suffered)
Claim allowed $1,513.25 Rouleau c. Surplus RD
(March 2018)
Custom-made leather sofas with frayed seams and cushions that collapse prematurely (purchase price: $10,274.12) Claim for $10,274.12 (reimbursement of purchase price) Claim allowed $10,274.12 Russell-Murray c. Elmaleh
(February 2018)
Leather of sectional living-room furniture was damaged upon delivery and electric switches fell off

(purchase price: $6,749.96 plus $655.30 for extended warranty)

Application to cancel sale Application allowed $7,405.26 Tremblay c. Meubles Marchand

(January 2018)

The material covering a sectional couch sold as real leather split and cracked less than 3 years after purchase

(purchase price: $1,150)

Claim for $1,150

(reimbursement of purchase price)

Claim allowed in part $750

(compensation for 81 months of use over a normal lifespan of 120 months)

Roy c. Surplus RD inc.

(December 2017)

Metal bars of armchair collapsed three weeks after purchase

(purchase price: $456.43)

Application to cancel sale Application allowed $456.43 Thisdel c. Surplus R.D. inc.

(December 2017)

Leather covering of loveseat showing signs of wear 3 ½ years after purchase

(purchase price: $2,595, including tax)

Claim for $1,750 Claim allowed $1,750

(compensation for 81 months of use over a normal lifespan of 120 months)

Michaud c. Entreprises Stefan Cayer inc. (Meubles & accessoires Vice Versa)

(October 2017)

Bicast leather upholstery of sofa, loveseat, armchair, and footrest showing significant signs of deterioration 11 years after purchase

(purchase price: $3,698.05)

Claim for $3,698.05

(reimbursement of purchase price)

Claim dismissed $0

(reasonable lifespan given the purchase price)

Lacasse c. Brault & Martineau

(July 2017)

Laminated leather covering of loveseat and armchair cracking after 3 years of use

(purchase price: $1,058)

Claim for $1,058

(reimbursement of purchase price)

Claim allowed in part $740.60

(taking into account 3 years of use)

Savard c. Groupe BMTC inc.

(July 2017)

Cushions of modular sofa sagging 6 months after purchase

(purchase price: $2,977.33)

Application for cancellation of sale Application allowed $2,977.33 Larocque c. Compagnie de La Baie d'Hudson

(May 2017)

Footrest of sofa tearing after 3 years of use

(purchase price: $999)

Claim for $1,000

(reason not specified)

Claim allowed in part $700

(reason not specified)

Beaudry c. Groupe BMTC inc.

(May 2017)

Leather covering modular sofa gradually tearing 4 years after purchase and showing signs of other problems, including on the armrest and backrest, from the time of delivery

(purchase price: $2,599.98)

Claim for $2,600

(reason not specified)

Claim allowed in part $560

(taking into account depreciation and the fact that the claim for the problems other than tearing were prescribed)

Kole c. Brault & Martineau

(May 2017)

Seats of sectional sofa were sagging and leather covering became creased as of the 1 st months of use

(purchase price: $4,800)

Claim for $4,800

(reimbursement of purchase price)

Claim dismissed $0

(seat problem solved by the delivery of a new sofa; creasing of leather is normal for this type of covering)

Rondeau c. Germain Larivière Dix30 inc.

(March 2017)

Cushion of leather sofa deteriorated prematurely

(purchase price: $4,599)

Claim for $4,715

(reason not specified)

Claim allowed in part $2,325

(taking into account the fact that the sofa was used for 3 ½ years before the consumer informed the merchant of the defects)

Dumas c. Jaymar

(February 2017)

Leather-upholstered armchairs and loveseats that became discoloured and developed cracks approximately 2 years after purchase

(purchase price: $8,503.31)

Application to cancel the sale and claim for $12,715

(including $2,000 for loss of enjoyment of life, travel to and from the merchant’s place of business, absence of one armchair for 4 months and stress suffered)

Claim allowed in part $9,003.31

($8,503.31 for reimbursement of purchase price and $500 in damages)

Richer c. Meuble Jaymar Corporation

(February 2017)

Using the sofa’s footrest caused the leather to wear down, and premature wear and tear of the leather, particularly on the seat

(purchase price: $3,900 for the sofa and one armchair)

Claim for $1,220

(reason not specified)

Claim allowed  $1,200

(reason not specified)

Naud c. Paradis du meuble inc.

(September 2016)

Material covering couch damaged approximately 3 ½ years after purchase

(purchase price:$1,586.12)

Claim for $1,460.18

(amount of estimate to recover couch)

Claim allowed in part  $1,110.28

(reduction in price corresponding to 70% of purchase price)

Derosby c. Ashley Furniture Industrie inc.

(August 2016)

Sofa legs broke after only a few weeks of use

(purchase price: $1,574.99)

 Claim for $1,574.99

(application to cancel sale and reimbursement of purchase price) 

Claim allowed in part $175

(for repair costs; the broken legs are not the result of a manufacturing defect but rather their faulty installation)

Iraheta c. 9216-6107 Québec inc. (Sofa, sofa et sofa)

(July 2016)

Discolouration of leather covering loveseat and couch, tears under the footrests, and cushions collapsing 2 years after purchase

(purchase price: $2,586.02, including $299.99 for warranty)

Claim for $4,000

(reimbursement of purchase price, plus $1,500 for loss of use and inconveniences suffered)

Claim allowed in part $1,493.01

(50% of purchase price and $200 for inconveniences suffered)

Leclerc c. Brick Canada (succursale Lebourneuf)

(July 2016)

Scratches appeared in the leather covering a sofa within the first months of use

(purchase price: $1,087)

 Claim for $1,324.24

(purchase price, postage fees and photographs)

Claim allowed in part  $725

(reimbursement of ⅔ of purchase price, before tax and excluding delivery charges)

Groulx c. Entrepôt The Brick, s.e.c.

(June 2016)

Backrest of armchair collapsed and leather upholstery degrading less than 2 years after purchase

(purchase price: $3,793.02)

Claim for $4,364.73

(reimbursement of purchase price, miscellaneous fees, and damages) 

Claim allowed in part  $3,484.73

(reimbursement of purchase price less $380 for one year of use plus $71.71 for reimbursement of fees)

IEC Informatique inc. c. Boutique Tout pour le dos

(May 2016)

Sofa and loveseat broke down 2 months after purchase: misaligned seams, visible poor fold-lines, insufficient stuffing, noisy footrest deployment mechanism, misaligned backrest

(purchase price: $4,173.45, including stain protection)

Claim for $5,673.45

(cancellation of the sale and $1,500 for inconveniences suffered) 

Claim allowed in part  $1,914.60

($1,391.15 in reduction of purchase price, $500 for inconveniences suffered, and $23.45 for expenses incurred for sending demand letter)

Bolduc c. Jean Croteau (2011) inc. (Meubles Croteau)

(April 2016)

Seats of armchair and loveseat defective 3 weeks after purchase

(purchase price: $2,770.85)

Claim for $2,770.85

(application to cancel sale and reimbursement of purchase price)

Claim allowed in part $2,367.17

(reimbursement of purchase price less $350 for use of couch since delivery)

Tétreault c. Brick

(April 2016)

Leather covering sofa and armchair deteriorating 3 years after purchase

(purchase price: $1,992.54)

Application to cancel the sale Claim allowed $1,992.54 Pellerin c. Brick Entrepôt

(December 2015)

Bonded leather seat coverings of couch deteriorated 3 years after purchase

(purchase price: $1,689.74)

Claim for $1,702.16

(reason not specified)

Claim allowed in part $1,000

(for loss of use of couch, the useful life of which should have been approximately 8 years)

Lefebvre Racette c. Surplus RD

(September 2015)

Leather covering of couch deteriorated and springs of couch broke approximately 40 months after purchase

(purchase price: $1,241.57 for sectional couch and footrest set)

Claim for $994.50

(reason not specified)

Claim allowed in part $819.50

(reason not specified)

Viel c. 9103-5766 Québec inc.

(August 2015)

Leather covering headrest of couch cracked and became delaminated after 4 months of use

(purchase price: $3,781.51)

Application to cancel the sale Claim allowed $3,781.51 Therrien-Brière c. Mobilia ltée

(July 2015)

The leather covering a loveseat and an armchair deteriorated a few days after purchase

(purchase price: $1,262.43)

 Claim for $1,662.43

(cancellation of the sale and $400 for inconveniences suffered)

Claim allowed in part  $1,262.43

(reimbursement of purchase price)

Bérubé c. Surplus RD inc.

(April 2015)

Sectional couch set sagging 4 months after purchase

(purchase price: $1,796.54)

Claim for reimbursement of purchase price Claim allowed $1,796.54 Lapointe c. Maison Confort inc. (Meuble Accent)

(April 2015)

Seats and cushions of sectional couch sagging less than one year after purchase

(purchase price: $2,939.10)

Claim for $3,787.10

(reimbursement of purchase price and miscellaneous damage)

Claim allowed in part $1,469.55

(50% of purchase price)

Proulx c. Germain-Larivière

(March 2015)

Leather covering couches and armchair broken and discoloured

(purchase price: $2,216.96)

Application to cancel the sale Allowed in part $1,500

(reason not specified)

Robitaille c. Surplus RD inc.

(January 2015)

Deterioration of imitation leather coating of sofa 4 years after purchase

(purchase price: $919.91 including tax)

Claim for $1,423

(reimbursement of purchase price, travel expenses, legal costs, and inconvenience suffered)

Claim allowed in part $513.93

(reimbursement of purchase price taking into account normal wear and tear of 40%, plus legal costs and postage expenses)

Latour c. Groupe Opex inc. (Meubles Ashley)

(December 2014)

Material covering armchair fraying less than one year after purchase

(purchase price: $2,800.44)

Application to cancel the sale Allowed in part $300

(taking into account the period of use of the goods and the nature of the alleged defects)

Tremblay c. Meubles Gilles Émond inc.

(September 2014)

Seams of sectional armchair and ottoman coming apart and leather ripping after 7 months of use

(purchase price: $2,176.23, tax included)

Claim for $2,176.23

(reimbursement of purchase price)

Claim allowed $2,376.23

(reimbursement of purchase price plus $200 for inconvenience suffered)

Rivest c. Brault & Martineau inc.

(April 2014)

Cushions of sofa sinking and uncomfortable 5 days after delivery

(purchase price: $1,023.05)

Claim for $1,023.05

(reimbursement of purchase price)

Claim allowed $1,023.05 Rouleau c. Meubles Réal Levasseur

(March 2014)

Polyurethane coated leather upholstery of sectional sofa splitting, cracking, separating, and peeling after 5 years of use

(purchase price: $1,652.27)

Claim for $1,939.71

(reimbursement of purchase price and cost of repairs)

Claim allowed in part $1,652.27

(reimbursement of purchase price)

Bartolomeu c. Père du meuble inc.

(November 2013)

Backrest of armchair began to collapse and no longer provided adequate support less than 8 months after purchase

(purchase price: not specified)

Claim for $800

(purchase price and inconvenience suffered)

Claim allowed in part $150 Champagne c. Brick

(March 2013)

Note to the reader: The judgment summaries above were provided by SOQUIJ. In rare cases, they may have been subject to an appeal before a higher authority. If you intend on citing any of these judgments before the court, it is recommended that you check the minutes book of the courthouse in question.

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 : November 27, 2019

Were you unable to find an answer to your question? Please call us.

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.