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
Eyeglass frames broke after 18 months of use
Claim allowedSummary
Purchase price: unspecified
Claim for $267
For the cost of replacing the frames
Amount awarded
$267
Full judgment (in French only)
Robidoux c. Clinique optométrique de Saint-Hyacinthe
October 2022
Corrective lenses with microcracks in the middle a few months after purchase
Claim allowed in partSummary
Purchase price: $350
Claim for $702
- $687 for the cost of new corrective lenses
- $15 for mailing costs
Amount awarded
$515
- $350 in reimbursement of the purchase price
- $150 for inconvenience suffered
- $15 for cost of mailing the formal notice
Full judgment (in French only)
Lavoie Mallette c. Lunettes Dépôt Joliette inc.
September 2022
Fur-covered children’s winter boots deteriorated after 5 months of use
Claim dismissedSummary
Price paid: $225 plus taxes
Claim of $258.70
Reimbursement of price paid
Glasses frame discoloured 15 months after purchase
Reimbursement of purchase priceSummary
Price paid : $780
Claim of $780
Remboursement du prix de vente
Amount awarded
Claim allowed in part
Partial reimbursement of purchase price for loss of value of glasses
Full judgment (in French only)
Benkirane c. Maranda Optométrie
November 2018
Heel lost and sole ripped on winter boots 2 days after purchase
Claim allowed in partSummary
Price paid: $51.73
Claim of $213
- $51.73 for reimbursement of price paid;
- $50 for inconvenience suffered;
- $11.50 for costs of formal notice;
- $100 for costs of law stamp.
Amount awarded
$51.73
Reimbursement of price paid
Full judgment (in French only)
May 2017
Defective watch bracelet detached about 6 months after purchase
Claim allowedSummary
Price paid: $97.73
Claim for annulment of sale and for damages
- $97.73 for reimbursement of purchase price;
- $28.74 for cost of repair;
- $11.50 for postage fees.
Amount awarded
$137.97
Full judgment (in French only)
Huot c. Bijouterie Galerie L'Oracle inc.
March 2017
Lining and elastic of washable diapers deteriorated 3 years after purchase
Claim dismissedSummary
Price paid: $312.21
Claim of $312.21
Reimbursement of purchase price
Boots with one heel coming off less than 2 months after purchase
Claim allowedSummary
Price paid: $252.89
Claim for annulment of sale
Amount awarded
$273.88
- $252.89 for reimbursement of purchase price;
- $21.99 for sending of formal notice.
Full judgment (in French only)
Lefebvre c. Chaussures Rubino inc.
March 2015
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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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