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
The material covering a sectional couch sold as real leather split and cracked less than 3 years after purchase
Claim allowed in partSummary
Purchase price: $1,150
Claim for $1,150 (reimbursement of purchase price)
Metal bars of armchair collapsed three weeks after purchase
Application allowedSummary
Purchase price: $456.43
Application to cancel sale
Amount awarded
$456.43
Full judgment (in French only)
Thisdel c. Surplus R.D. inc. (décembre 2017)
December 2017
Leather covering of loveseat showing signs of wear 3 ½ years after purchase
Claim allowedSummary
Purchase price: $2,595, including tax
Claim for $1,750
Amount awarded
$1,750
Compensation for 81 months of use over a normal lifespan of 120 months
Full judgment (in French only)
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
Claim dismissedSummary
Purchase price: $3,698.05
Claim for $3,698.05 (reimbursement of purchase price)
Amount awarded
$0
Reasonable lifespan given the purchase price
Full judgment (in French only)
July 2017
Laminated leather covering of loveseat and armchair cracking after 3 years of use
Claim allowed in partSummary
Purchase price: $1,058
Claim for $1,058 (reimbursement of purchase price)
Amount awarded
$740.60
Taking into account 3 years of use
Full judgment (in French only)
July 2017
Cushions of modular sofa sagging 6 months after purchase
Application allowedSummary
Purchase price: $2,977.33
Application for cancellation of sale
Amount awarded
$2,977.33
Full judgment (in French only)
Larocque c. Compagnie de La Baie d'Hudson
May 2017
Footrest of sofa tearing after 3 years of use
Claim allowed in partSummary
Purchase price: $999
Claim for $1,000 (reason not specified)
Amount awarded
$700
Reason not specified
Full judgment (in French only)
May 2017
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.
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