小蓝视频’s Civil Resolution Tribunal has dismissed a woman’s case about a couch about which she complained two years after buying it.
“This is a dispute about the quality of a couch,” tribunal member Deanna Rivers said in her .
Nadia Kozminchuk told the tribunal that the couch from Vancouver’s Couch Haus was not the quality she expected.
She claimed a refund of $2,853 — or half the cost of the couch.
Couch Haus said the couch’s issues were from use. It also said the couch was past the warranty period.
The parties agreed that in October 2021, Kozminchuk ordered a modular couch from Couch Haus. It was delivered the week of March 21, 2022.
The company said the couch had a one-year warranty.
Couch Haus said Kozminchuk did not make a complaint until March 2024.
Rivers said it appeared Kozminchuk was claiming a breach of contract or breach of warranty.
“However, neither party provided a copy of the contract for the couch’s purchase,” Rivers said. “While Couch Haus says the couch had a one-year warranty, neither party provided a copy of the warranty.”
Rivers said Kozminchuk had not proven any warranty breach.
“I find that the couch was reasonably durable with normal use,” Rivers said. “There is no evidence that the applicant complained of any deficiency in the couch until March 2024, almost two years after delivery.”
Rivers stated that even proven cosmetic flaws appearing after two years do not indicate a lack of durability over a reasonable period. As such, Rivers dismissed Kozminchuk’s case.
