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.
Exemples of judgments
Leather loveseat that had a discoloration problem a few months after purchase
Claim allowedSummary
Purchase price: $1,199 plus taxes
Claim for $1,513.25
- $1,413.35 for reimbursement of purchase price, including taxes;
- $100 for inconvenience suffered.
Custom-made leather sofas with frayed seams and cushions that collapse prematurely
Claim allowedSummary
Purchase price: $10,274.12
Claim for $10,274.12 (reimbursement of purchase price)
Leather of sectional living-room furniture was damaged upon delivery and electric switches fell off
Application allowedSummary
Purchase price: $6,749.96 plus $655.30 for extended warranty
Application to cancel sale
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 : August 21, 2024
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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.
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