B.C. tribunal rules on dispute over online iPhone resale
A B.C. man who misrepresented a used iPhone as new when he sold it through Facebook marketplace has been ordered to refund $900 to the buyer.
The province's Civil Resolution Tribunal ruled on the dispute last week, finding in favour of the purchaser who claimed he had been sold a phone that was locked and unusable in the summer of 2022.
Harmesh Pall told the tribunal he replied to an ad for iPhone 13 Pro Max that was "brand new, and still sealed in its original box," the decision says.
The seller, Ian Farnsworth, said the buyer ought to have known, given the price point of the phone, that it was not new. Further, he argued the transaction was governed by the "buyer beware" principle.
Tribunal member Kristin Gardner noted that an exception to the buyer beware principle exists if it can be shown, on a balance of probabilities, that the seller "misrepresented" the item.
"A negligent misrepresentation occurs when: 1) a seller makes a representation to the purchaser that is untrue, inaccurate, or misleading, 2) the seller fails to take reasonable care in making the misrepresentation, and 3) the purchaser reasonably relies on the misrepresentation to their detriment," she wrote.
In this case, the tribunal decision said, Pall opened the sealed box but was unable to turn the phone on to check if it worked because the battery was dead. After charging the phone, Pall discovered it was locked and could not be used without entering a username and password.
In a subsequent text exchange, Farnsworth denied knowing the phone was used and and refused Pall's request for a refund, instead telling him to take it somewhere and pay for it to be unlocked, the decision says.
"Mr. Farnsworth essentially advised Mr. Pall that while it might cost him an additional few hundred dollars to unlock the phone, he still got a good deal," it continues.
Gardner said while it was possible that Farnsworth did not know the phone was used, he had "repeatedly" said it was new both in the original Facebook ad and afterward but had failed to "exercise the required reasonable care to ensure (his) representations about the phone were accurate when reselling it."
The tribunal found that Pall likely purchased the phone based on its description as new, and "would not have bought it" if he new it was used. The decision also notes that Pall took steps to make sure the phone had not been reported lost or stolen before buying it.
Farnsworth was ordered to pay $900 in damages for negligent misrepresentation, $21.70 in pre-judgment interest and $125 in CRT fees.
CTVNews.ca Top Stories
BREAKING NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
'He didn't want to die': Family of Calgary man killed in standoff speaks out
Family of a Calgary man killed after a 30-hour standoff with police last week are speaking out, sharing details of the tense and heart-wrenching experience.
Toronto family doctor who called patient's body 'perfect' suspended for 3 months: tribunal
A family doctor in Toronto has been suspended for three months after a disciplinary tribunal found that he failed to follow proper protocols while examining a patient's breasts and made inappropriate comments about her body.
Ohio mom who left toddler alone 10 days when she went on vacation pleads guilty to aggravated murder
An Ohio mother whose 16-month-old daughter died after being left home alone in a playpen for 10 days last summer while she went on vacation was sentenced Monday to life in prison with no chance of parole.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
5 charged in Calgary kidnappings that targeted women
Calgary police have charged five men in a pair of kidnappings last year that targeted innocent victims.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Canadian commander of volunteer fighter group dies in Ukraine
A Canadian-born commander of the so-called Norman Brigade, a volunteer fighting group in Ukraine, has died.