Apple has responded to the Ontario small claims court application filled by 21-year-old Toronto resident Dean Lubaki.
Last month, Lubaki filed a small claims lawsuit against Apple over what he claims was false advertising related to the company’s Watch Series 3 “brilliantly scratch-resistant” marketing.
In a 25-page filing obtained by iPhone in Canada and dated to June 25th, 2018, Apple rejects Lubaki’s claim, arguing the following points:
- On April 16, 2018 Apple offered to waive the out of warranty cost to replace the unit ($1049.00) and only charge $99 as per Apple’s AppleCare+ service plan, section 2.2 Services for Accidental Damage from Handling, Exhibit B “Applecare+ for Apple Watch”.
- On April 23, 2018, an offer to fully refund the Plaintiff was declined.
Additionally, Apple provided several more pages detailing why it disagrees with the claim. Consisting of six points, the document essentially highlights that Apple’s warranty agreement does not cover cosmetic damage nor wear and tear.
In an interview with iPhone in Canada, Lubaki told the website he “laughed” after reading Apple’s defence. He went on to say he “can’t wait for the judge’s opinion.”
Lubkai seeks both compensatory and punitive damages from the tech giant. In his initial filing, the 21-year-old says the entire experience caused him undue “mental stress” and caused him “additional strain” during his final exams.
After he filed his small claims application, Apple approached Lubaki to offer him a replacement Watch and free accessory. Lubaki rejected the company’s olive branch, deciding instead to pursue his court case.
MobileSyrup has reached out to the Canadian Ministry of the Attorney General to obtain a copy of the filing, as well as to Apple Canada for comment.
Source: iPhone in Canada