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
Asking rent prices up 9.3% across Canada, Ontario sees only decline: report
A new report says the average asking rent for a home in Canada in April was up 9.3 per cent compared with a year ago, while a slight month-over-month increase was also recorded for the first time since January.
What is basic income, and how would it impact me?
Parliamentarians are considering a pair of bills aiming to lift people out of poverty through a basic income program, but some fear these types of systems could result in more taxes for Canadians who are already financially struggling.
'I may have some nightmares:' Man survives being bitten by 2 sharks in Bahamas
A man who was bitten by two sharks in the Bahamas said Thursday he's 'thankful that I'm here' while sharing his story of survival.
Magnitude 4.2 earthquake reported off Vancouver Island's west coast
A 4.2-magnitude earthquake was recorded west of Vancouver Island early Friday morning.
Mexico's president accuses press and volunteer searchers for missing people of 'necrophilia'
The administration of Mexico's president has accused the press and volunteer searchers who look for the bodies of missing people of 'necrophilia,' comments that drew criticism this week.
WATCH Expecting an interest rate cut in June? Don't bet on it after new jobs data
Canada's labour market rebounded in April, adding more than 90,000 jobs, a staggering number of new positions after four consecutive months of little change.
Out-of-control wildfire burning near Fort McMurray
As of 9 a.m. on Friday, the wildfire burning 28 kilometres southwest of the northeastern Alberta city was 25 hectares in size.
Prince William says wife Kate is 'doing well'
Prince William said on Friday his wife Kate was 'doing well' in a rare public comment about the Princess of Wales as she undergoes preventative chemotherapy for cancer.
'Irate male' assaulted Newfoundland officers with block of cheese, police say
Police in Newfoundland say patrol officers were assaulted Thursday by a "very irate male" wielding a block of cheese.