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
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
Orca calf that was trapped in B.C. lagoon for weeks swims free
An orca whale calf that has been stranded in a B.C. lagoon for weeks after her pregnant mother died swam out on her own early Friday morning.
Trump's lawyers try to discredit testimony of prosecution's first witness in hush money trial
Donald Trump's defence team attacked the credibility Friday of the prosecution's first witness in his hush money case, seeking to discredit testimony detailing a scheme between Trump and a tabloid to bury negative stories to protect the Republican's 2016 presidential campaign.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Air traveller complaints to Canadian Transportation Agency hit new high
The Canadian Transportation Agency has hit a record high of more than 71,000 complaints in a backlog. The quasi-judicial regulator and tribunal tasked with settling disputes between customers and the airlines says the backlog is growing because the number of incoming complaints keeps increasing.
U.S. flight attendant indicted in attempt to record teen girl in airplane bathroom
An American Airlines flight attendant was indicted Thursday after authorities said he tried to secretly record video of a 14-year-old girl using an airplane bathroom last September.