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 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
Claim allowed in partSummary
Purchase price: $2,599.98
Claim for $2,600 (reason not specified)
Amount awarded
$560
Taking into account depreciation and the fact that the claim for the problems other than tearing were prescribed
Full judgment (in French only)
May 2017
Seats of sectional sofa were sagging and leather covering became creased as of the 1st months of use
Claim dismissedSummary
Purchase price: $4,800
Claim for $4,800 (reimbursement of purchase price)
Amount awarded
$0
Seat problem solved by the delivery of a new sofa; creasing of leather is normal for this type of covering
Full judgment (in French only)
Rondeau c. Germain Larivière Dix30 inc.
March 2017
Leather-upholstered armchairs and loveseats that became discoloured and developed cracks approximately 2 years after purchase
Claim allowed in partSummary
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
Amount awarded
$9,003.31
- $8,503.31 for reimbursement of purchase price;
- $500 in damages.
Full judgment (in French only)
Richer c. Meuble Jaymar Corporation
February 2017
Cushion of leather sofa deteriorated prematurely
Claim allowed in partSummary
Purchase price: $4,599
Claim for $4,715 (reason not specified)
Amount awarded
$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
Full judgment (in French only)
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
Claim allowedSummary
Purchase price: $3,900 for the sofa and one armchair
Claim for $1,220 (reason not specified)
Amount awarded
$1,200
Reason not specified
Full judgment (in French only)
Naud c. Paradis du meuble inc.
September 2016
Material covering couch damaged approximately 3 ½ years after purchase
Claim allowed in partSummary
Purchase price:$1,586.12
Claim for $1,460.18 (amount of estimate to recover couch)
Amount awarded
$1,110.28
Reduction in price corresponding to 70% of purchase price
Full judgment (in French only)
Derosby c. Ashley Furniture Industrie inc.
August 2016
Sofa legs broke after only a few weeks of use
Claim allowed in partSummary
Purchase price: $1,574.99
Claim for $1,574.99 (application to cancel sale and reimbursement of purchase price)
Amount awarded
$175
For repair costs; the broken legs are not the result of a manufacturing defect but rather their faulty installation
Full judgment (in French only)
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
Claim allowed in partSummary
Purchase price: $2,586.02, including $299.99 for warranty
Claim for $4,000
- Reimbursement of purchase price;
- $1,500 for loss of use and inconveniences suffered.
Amount awarded
$1,493.01
- 50% of purchase price;
- $200 for inconveniences suffered.
Full judgment (in French only)
Leclerc c. Brick Canada (succursale Lebourneuf)
July 2016
Scratches appeared in the leather covering a sofa within the first months of use
Claim allowed in partSummary
Purchase price: $1,087
Claim for $1,324.24
Purchase price, postage fees and photographs
Amount awarded
$725
Reimbursement of ⅔ of purchase price, before tax and excluding delivery charges
Full judgment (in French only)
Groulx c. Entrepôt The Brick, s.e.c.
June 2016
Backrest of armchair collapsed and leather upholstery degrading less than 2 years after purchase
Claim allowed in partSummary
Purchase price: $3,793.02
Claim for $4,364.73
Reimbursement of purchase price, miscellaneous fees, and damages
Amount awarded
$3,484.73
- Reimbursement of purchase price less $380 for one year of use;
- $71.71 for reimbursement of fees.
Full judgment (in French only)
IEC Informatique inc. c. Boutique Tout pour le dos
May 2016
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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