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

Zipper on one of the sofa bed cushion covers broke and exposed threads 2 months after purchase

Claim allowed in part

Summary

Price paid: $1,063.21

Claim for $1,388.21

  • $1,063.21 for reimbursement of sale price
  • $250 to purchase another sofa
  • $75 for inconvenience

Amount awarded

$1,063.21

For reimbursement of sale price

Full judgment (in French only)

Sinnett c. Maison Confort inc.

December 2021

Loveseat with sagging back and couch with bulging seams and uneven upholstery

Claim allowed in part

Summary

Price paid: $5,196.30 including tax

Claim for $5,196.30

For reimbursement of sales price

Amount awarded

$2,000

As damages for manufacturing defects and inconvenience suffered

Full judgment (in French only)

Alves c. Palliser Fourniture Ltd.

November 2021

Teak chairs with significant weakness at the junction between the seat and the back support 9 weeks after purchase

Claim allowed

Summary

Price paid: $1,254.83

Claim for $1,254.83

For reimbursement of sale price

Amount awarded

$1,254.83

Full judgment (in French only)

Gagnon c. 9378-0823 Québec inc.

September 2021

Leather sofas faded 3½ years after purchase

Claim allowed in part

Summary

Price paid: $4,343.76

Claim for $8,343.76

  • $4,343.76 for reimbursement of sales price
  • $2,000 in punitive damages
  • $2,000 in moral damages

Amount awarded

$3,084.69

  • $2,684.69 for reimbursement of sales price
  • $400 for inconvenience suffered

Full judgment (in French only)

Alawie c. Groupe BMTC inc.

May 2021

Chairs with cracked leather covers 6 years after purchase

Claim allowed in part

Summary

Purchase price: $1,391.57

Claim for $1,391.57

For reimbursement of purchase price

Amount awarded

$700

For partial reimbursement of purchase price

Full judgment (in French only)

Vézina c. Meubles Re-No

December 2020

Sofa bed with cracked and faded leather less than 4 years after purchase

Claim allowed in part

Summary

Purchase price: $2,239.94 plus taxes for sofa bed and an armchair (including extended warranty

Claim for $2,819.30

  • $1,533.31 for reimbursement of purchase price of sofa bed
  • $275.99 for reimbursement of extended warranty
  • $1,000 in punitive damages
  • $10 for sending of formal notice

Amount awarded

$605.75

For partial reimbursement of sales price

Full judgment (in French only)

Belle-Isle c. Brick Warehouse

December 2020

Chair tops of dining room furniture flaked and deteriorated 1 month after purchase

Claim allowed

Summary

Purchase price: $2,800

Claim for $2,857.25

  • $2,800 for reimbursement of sales price
  • 40 $ for delivery charges
  • 17,25 $ for sending of formal notice

Amount awarded

$2,857.25

Full judgment (in French only)

Ngbayafou c. 9369-2960 Québec inc.

December 2019

Sofas and armchair whose leatherette covering has started to deteriorate after 3 years’ use

Claim dismissed

Summary

Purchase price: $2,154

Claim for $2,154

Reimbursement of purchase price

Amount awarded

$0

Full judgment (in French only)

Ghiorghita c. Méga Meubles Superprix

November 2018

Polyurethane of sofa started to deteriorate four years after purchase

Claim allowed in part

Summary

Purchase price: $1,400

Claim for $1,000 (in reduction of purchase price)

Amount awarded

$700

Full judgment (in French only)

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

Claim allowed in part

Summary

Purchase price: unspecified

Claim for $5,078.49 (reimbursement of purchase price and cost of anti-stain service plan)

Amount awarded

$2,500

Unspecified reason

Full judgment (in French only)

Thibault c. Meubles Croteau

May 2018

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 : October 12, 2023

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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.