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
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The federal government is granting British Columbia's request to recriminalize hard drugs in public spaces, nearly two weeks after the province asked to end its pilot project early over concerns of public drug use.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
MPs agree Canadian gov't should improve new disability benefit
The federal government needs to safeguard the incoming Canada Disability Benefit from clawbacks and do more to ensure it actually meets the stated aim of lifting people living with disabilities out of poverty, MPs from all parties agree.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL has suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
opinion Tom Mulcair: Trudeau's handling of Poilievre's 'wacko' House turfing a clear sign of Liberal desperation
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca
New charges for Ont. woman who previously admitted to defrauding doulas
The Brantford, Ont. woman who was previously sentenced to house arrest after admitting to deceiving doulas has been charged again in connection to a new victim.