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
Zipper on one of the sofa bed cushion covers broke and exposed threads 2 months after purchase
Claim allowed in partSummary
Price paid: $1,063.21
Claim for $1,388.21
- $1,063.21 for reimbursement of sale price
- $250 to purchase another sofa
- $75 for inconvenience
Amount awarded
$1,063.21
For reimbursement of sale price
Full judgment (in French only)
Sinnett c. Maison Confort inc.
December 2021
Loveseat with sagging back and couch with bulging seams and uneven upholstery
Claim allowed in partSummary
Price paid: $5,196.30 including tax
Claim for $5,196.30
For reimbursement of sales price
Amount awarded
$2,000
As damages for manufacturing defects and inconvenience suffered
Full judgment (in French only)
Alves c. Palliser Fourniture Ltd.
November 2021
Teak chairs with significant weakness at the junction between the seat and the back support 9 weeks after purchase
Claim allowedSummary
Price paid: $1,254.83
Claim for $1,254.83
For reimbursement of sale price
Amount awarded
$1,254.83
Full judgment (in French only)
Gagnon c. 9378-0823 Québec inc.
September 2021
Leather sofas faded 3½ years after purchase
Claim allowed in partSummary
Price paid: $4,343.76
Claim for $8,343.76
- $4,343.76 for reimbursement of sales price
- $2,000 in punitive damages
- $2,000 in moral damages
Amount awarded
$3,084.69
- $2,684.69 for reimbursement of sales price
- $400 for inconvenience suffered
Full judgment (in French only)
May 2021
Chairs with cracked leather covers 6 years after purchase
Claim allowed in partSummary
Purchase price: $1,391.57
Claim for $1,391.57
For reimbursement of purchase price
Amount awarded
$700
For partial reimbursement of purchase price
Full judgment (in French only)
December 2020
Sofa bed with cracked and faded leather less than 4 years after purchase
Claim allowed in partSummary
Purchase price: $2,239.94 plus taxes for sofa bed and an armchair (including extended warranty
Claim for $2,819.30
- $1,533.31 for reimbursement of purchase price of sofa bed
- $275.99 for reimbursement of extended warranty
- $1,000 in punitive damages
- $10 for sending of formal notice
Amount awarded
$605.75
For partial reimbursement of sales price
Full judgment (in French only)
December 2020
Chair tops of dining room furniture flaked and deteriorated 1 month after purchase
Claim allowedSummary
Purchase price: $2,800
Claim for $2,857.25
- $2,800 for reimbursement of sales price
- 40 $ for delivery charges
- 17,25 $ for sending of formal notice
Amount awarded
$2,857.25
Full judgment (in French only)
Ngbayafou c. 9369-2960 Québec inc.
December 2019
Sofas and armchair whose leatherette covering has started to deteriorate after 3 years’ use
Claim dismissedSummary
Purchase price: $2,154
Claim for $2,154
Reimbursement of purchase price
Polyurethane of sofa started to deteriorate four years after purchase
Claim allowed in partSummary
Purchase price: $1,400
Claim for $1,000 (in reduction of purchase price)
Amount awarded
$700
Full judgment (in French only)
Brisson-Deodati c. Meubles Loren inc.
October 2018
Cushions of leather loveseat and sofa fade, covering turns yellow and cracks, and arms show signs of wear and tear 2 years after purchase
Claim allowed in partSummary
Purchase price: unspecified
Claim for $5,078.49 (reimbursement of purchase price and cost of anti-stain service plan)
Amount awarded
$2,500
Unspecified reason
Full judgment (in French only)
May 2018
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 : August 21, 2024
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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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