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 – Page 2
Mattress developed a quarter-inch indent after 6 months of use
Claim dismissed
Summary
Purchase price: $3,219.99
Claim for $2,500
Amount awarded
$0
No evidence of a defect affecting mattress
Full judgment (in French only)
Philibert c. Corporation Zedbed International
April 2013
Mattress sagging by one-half inch and bump formed in the centre, approximately 1 ½ year after purchase
Claim allowed
Summary
Purchase price: $728.29
Application to cancel sale
Amount awarded
$728.29
Reimbursement of purchase price
Full judgment (in French only)
Laflamme c. Schaefer (Dormez-vous?)
March 2013
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 : November 12, 2020
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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.
