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
Mattress sagged a little more than 2 years after purchase
Claim allowed in partSummary
Purchase price: $1,349.99
Unspecified
Amount awarded
$2,975.37
- $1,953.53 to purchase a new mattress
- $1,000 for inconvenience suffered
- $21.84 for sending of formal notices
Full judgment (in French only)
January 2020
Latex mattress is too soft and swelled in middle shortly after purchase
Claim dismissedSummary
Price paid: not specified
Claim of $1,800
Mattresses of electric beds were sagging within weeks of purchase
Claim allowed in partSummary
Purchase price: $8,000
Claim for $9,011.50
- $8,000 for reimbursement of the purchase price;
- $1,000 for inconvenience suffered;
- $11.50 for sending formal notice.
Amount awarded
$8,011.50
- $8,000 for reimbursement of purchase price;
- $11.50 for sending formal notice.
Full judgment (in French only)
November 2018
One side of mattress collapsed 2 years after purchase
Claim allowed in partSummary
Purchase price: $837.40
Claim for reimbursement of purchase price and indemnity of $2,000 for inconvenience suffered
Amount awarded
$500
Partial reimbursement of purchase price
Full judgment (in French only)
June 2018
Mattress became stained and uncomfortable and began to collapse shortly after purchase
Claim dismissedSummary
Purchase price: $2,505.31
Claim to cancel the sale and for damages ($2,470) for inconvenience suffered
Amount awarded
$0
- No manufacturing defect; no collapsing or body impression;
- abnormal use of the good (electric base).
Full judgment (in French only)
June 2016
Uncomfortable mattress (impossible to use) after 3 ½ years of use
Claim allowed in partSummary
Purchase price: $1,319.97, including tax
Application for reimbursement of purchase price plus $3,000 in damages
Amount awarded
$1,071.18
⅔ of purchase price, taking into account normal lifespan, plus $200 for inconveniences suffered
Full judgment (in French only)
May 2015
Mattress caved in after a few weeks of use
Claim dismissesSummary
Purchase price: $980
Claim for $2,277.84
Reimbursement of purchase price and damages
Amount awarded
$0
No objective evidence of failure to comply with standards or manufacturing defect
Full judgment (in French only)
December 2014
Mattress started to sag after one month of use
Claim dismissedSummary
Purchase price: $835 for mattress and box-spring set
Claim for $1,608
Reimbursement of purchase price and damages
Amount awarded
$0
Plaintiff refused to minimize her damages by accepting a replacement offered by merchant
Full judgment (in French only)
Boudreault c. Meubles Loren inc.
November 2014
Metal edge of mattress began to pierce covering 2 months after purchase
Claim allowed in partSummary
Purchase price: $680.65 for 2 mattresses
Claim for $850 in damages
Amount awarded
$340.33
Price of one mattress
Full judgment (in French only)
October 2014
Mattress caved in less than 2 years after purchase
Claim allowed in partSummary
Purchase price: $1,557.62
Claim for $6,000
- $1,557.62 for reimbursement of purchase price;
- $397 for transportation expenses;
- $1,000 for five days of leave;
- damages for inconvenience suffered.
Amount awarded
$500
- For inconvenience suffered;
- application to cancel the sale dismissed because the mattress was replaced.
Full judgment (in French only)
June 2014
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 : June 27, 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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