B.C. tribunal orders man to pay two-year-old invoice for TV Installation
A B.C. man's claim that he did not pay an invoice for the installation of a wall-mounted TV because he somehow suffered a head injury due to shoddy work has been rejected by a provincial tribunal.
The Civil Resolution Tribunal's decision in the case was posted online Monday and outlines the dispute over the $428.40 bill.
In August of 2020, Philip Jatzek hired someone from Aslan Electrical, Plumbing, Gasfitting, Refrigeration & Sheetmetal Services Ltd. to install a bracket and mount a television in his home. He purchased both of the items himself.
More than nine months later Jatzek called the company back requesting it be adjusted. The actual invoice was not issued until after that. The reason for this delay in charging Jatzek for the service "is not clear," the decision says.
"It was only when Aslan gave Mr. Jatzek his invoices in June 2021 that he complained that the TV was originally mounted too far from the wall and gave him a concussion," wrote tribunal member Micah Carmody.
"Mr. Jatzek says he suffered a head injury because Aslan did not initially install the mounting bracket and TV correctly or following safety guidelines or building codes. He does not explain how he injured his head. Mr. Jatzek says he 'would like to counter sue for head injuries' but he did not file a counterclaim."
While the company submitted invoices, work orders and an authorization form detailing what would be done and how much it would cost, Carmody wrote that Jatzek "did not provide any evidence, despite being given the opportunity to do so."
The tribunal decision says Jatzek never submitted the video or statement that he said would prove his case despite being issued two reminders. This, Carmody said, resulted in the CRT drawing an "adverse inference," meaning it "assumes that a party failed to provide relevant evidence because the missing evidence would not support their case or does not exist."
Given the arguments presented by each side, the CRT found – using its standard of a balance of probabilities – that the installation was not faulty
Jatzek was ordered to pay the full invoice plus $125 in tribunal costs and any applicable post-judgment interest.
CTVNews.ca Top Stories
Pedestrian, baby injured after stroller struck and dragged by vehicle in Squamish, B.C.
Police say a baby and a pedestrian suffered non-life-threatening injuries after a vehicle struck a baby stroller and dragged it for two blocks before stopping in Squamish, B.C.
Senate expenses climbed to $7.2 million in 2023, up nearly 30%
Senators in Canada claimed $7.2 million in expenses in 2023, a nearly 30 per cent increase over the previous year.
Demonstrators kicked out of Ontario legislature for disruption after failed keffiyeh vote
A group of demonstrators were kicked out of the legislature after a second NDP motion calling for unanimous consent to reverse a ban on the keffiyeh failed to pass.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
RCMP uncovers alleged plot by 2 Montreal men to illegally sell drones, equipment to Libya
The RCMP says it has uncovered a plot by two men in Montreal to sell Chinese drones and military equipment to Libya illegally.
Government agrees to US$138.7M settlement over FBI's botching of Larry Nassar assault allegations
The U.S. Justice Department announced a US$138.7 million settlement Tuesday with more than 100 people who accused the FBI of grossly mishandling allegations of sexual assault against Larry Nassar in 2015 and 2016, a critical time gap that allowed the sports doctor to continue to prey on victims before his arrest.
Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Pro-Palestinian protests roiling U.S. colleges escalate with arrests, new encampments and closures
The student protests of Israel's war with Hamas that have been creating friction at U.S. universities escalated Tuesday as new encampments sprouted and some colleges encouraged students to stay home and learn online, after dozens of arrests across the country.