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
Sofa and loveseat broke down 2 months after purchase: misaligned seams, visible poor fold-lines, insufficient stuffing, noisy footrest deployment mechanism, misaligned backrest
Claim allowed in partSummary
Purchase price: $4,173.45, including stain protection
Claim for $5,673.45
- Cancellation of the sale;
- $1,500 for inconveniences suffered.
Amount awarded
$1,914.60
- $1,391.15 in reduction of purchase price;
- $500 for inconveniences suffered;
- $23.45 for expenses incurred for sending demand letter.
Full judgment (in French only)
Bolduc c. Jean Croteau (2011) inc. (Meubles Croteau)
April 2016
Seats of armchair and loveseat defective 3 weeks after purchase
Claim allowed in partSummary
Purchase price: $2,770.85
Claim for $2,770.85
Application to cancel sale and reimbursement of purchase price
Amount awarded
$2,367.17
Reimbursement of purchase price less $350 for use of couch since delivery
Full judgment (in French only)
April 2016
Leather covering sofa and armchair deteriorating 3 years after purchase
Claim allowedSummary
Purchase price: $1,992.54
Application to cancel the sale
Bonded leather seat coverings of couch deteriorated 3 years after purchase
Claim allowed in partSummary
Purchase price: $1,689.74
Claim for $1,702.16 (reason not specified)
Amount awarded
$1,000
For loss of use of couch, the useful life of which should have been approximately 8 years
Full judgment (in French only)
Lefebvre Racette c. Surplus RD
September 2015
Leather covering of couch deteriorated and springs of couch broke approximately 40 months after purchase
Claim allowed in partSummary
Purchase price: $1,241.57 for sectional couch and footrest set
Claim for $994.50 (reason not specified)
Amount awarded
$819.50
Reason not specified
Full judgment (in French only)
August 2015
Sofas dont les coussins s’affaissent anormalement après quelques semaines d’utilisation
Demande accueillie en partieSummary
Prix payé : 6 585,77 $
Réclamation de 15 000 $
- Remboursement du prix payé;
- frais de massothérapie liés aux défauts;
- compensation du préjudice découlant de la perte de temps et des inconvénients subis.
Amount awarded
6 677,77 $
Remboursement du prix payé et des frais de livraison
Full judgment (in French only)
Gallaman c. 9067-5687 Québec inc. (De Lacroix Design)
July 2015
Leather covering headrest of couch cracked and became delaminated after 4 months of use
Claim allowedSummary
Purchase price: $3,781.51
Application to cancel the sale
Sectional couch set sagging 4 months after purchase
Claim allowedSummary
Purchase price: $1,796.54
Claim for reimbursement of purchase price
Amount awarded
$1,796.54
Full judgment (in French only)
Lapointe c. Maison Confort inc. (Meuble Accent)
April 2015
The leather covering a loveseat and an armchair deteriorated a few days after purchase
Claim allowed in partSummary
Purchase price: $1,262.43
Claim for $1,662.43
- Cancellation of the sale;
- $400 for inconveniences suffered.
Amount awarded
$1,262.43
Reimbursement of purchase price
Full judgment (in French only)
April 2015
Divan de typeSeats and cushions of sectional couch sagging less than one year after purchase sectionnel dont les assises et les coussins s’affaissent moins d’un an après l’achat
Claim allowed in partSummary
Purchase price: $2,939.10
Claim for $3,787.10
Reimbursement of purchase price and miscellaneous damage
Amount awarded
$1,469.55
50% of purchase price
Full judgment (in French only)
March 2015
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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