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 couches and armchair broken and discoloured
Allowed in partSummary
Purchase price: $2,216.96
Application to cancel the sale
Amount awarded
$1,500
Reason not specified
Full judgment (in French only)
January 2015
Deterioration of imitation leather coating of sofa 4 years after purchase
Claim allowed in partSummary
Purchase price: $919.91 including tax
Claim for $1,423
- Reimbursement of purchase price;
- travel expenses;
- legal costs;
- inconvenience suffered.
Amount awarded
$513.93
- Reimbursement of purchase price taking into account normal wear and tear of 40%;
- legal costs and postage expenses.
Full judgment (in French only)
Latour c. Groupe Opex inc. (Meubles Ashley)
December 2014
Material covering armchair fraying less than one year after purchase
Allowed in partSummary
Purchase price: $2,800.44
Application to cancel the sale
Amount awarded
$300
Taking into account the period of use of the goods and the nature of the alleged defects
Full judgment (in French only)
Tremblay c. Meubles Gilles Émond inc.
September 2014
Seams of sectional armchair and ottoman coming apart and leather ripping after 7 months of use
Claim allowedSummary
Purchase price: $2,176.23, tax included
Claim for $2,176.23
Reimbursement of purchase price
Amount awarded
$2,376.23
Reimbursement of purchase price plus $200 for inconvenience suffered
Full judgment (in French only)
Rivest c. Brault & Martineau inc.
April 2014
Cushions of sofa sinking and uncomfortable 5 days after delivery
Claim allowedSummary
Purchase price: $1,023.05
Claim for $1,023.05
Reimbursement of purchase price
Amount awarded
$1,023.05
Full judgment (in French only)
Rouleau c. Meubles Réal Levasseur
March 2014
Polyurethane coated leather upholstery of sectional sofa splitting, cracking, separating, and peeling after 5 years of use
Claim allowed in partSummary
Purchase price: $1,652.27
Claim for $1,939.71
Reimbursement of purchase price and cost of repairs
Amount awarded
$1,652.27
Reimbursement of purchase price
Full judgment (in French only)
Bartolomeu c. Père du meuble inc.
November 2013
Backrest of armchair began to collapse and no longer provided adequate support less than 8 months after purchase
Claim allowed in partSummary
Purchase price: not specified
Claim for $800
Purchase price and inconvenience suffered
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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