Bride denied $1,000 photography refund after services change during COVID-19 pandemic

A wedding photographer is seen in this stock image. (Shutterstock)

A B.C. bride won't receive her wedding photography deposit back even though services changed during the COVID-19 pandemic, a civil resolution tribunal member recently ruled.

The bride's wedding was initially scheduled for October 2020 and she paid a $1,000 deposit to a Vancouver-based wedding photographer, a CRT decision posted Monday explained. But because of the COVID-19 pandemic, the bride moved the date of her wedding to a year later and then eventually to a date in 2022.

The tribunal heard that when public health orders limiting gatherings were imposed in 2020, the bride reached out to the photographer about the possibility of rescheduling.

The photographer responded, saying "given recent events, the non-refundable $1,000 retainer could be transferred to book a new date until the end of 2021 without incurring any penalty fees." The company also confirmed it would honour the original prices.

In early 2021, the CRT decision said, the bride saw a social media post indicating the photographer was no longer working at larger weddings. She reached out to the company to ensure it wouldn't impact her booking for that fall or if she rescheduled again for October 2022.

The photographer responded saying no current bookings would be impacted.

"(They) also confirmed that it would only honour rescheduling requests if weddings and gatherings were 'officially banned' as of the wedding date," Gardner wrote.

"However, if weddings of any size were permitted, (the photographer) stated the cancellation policy in the contract would apply."

In February 2021, the bride decided to move her wedding to the following year, saying it seemed likely there would still be restrictions on weddings. Size limits on gatherings meant she would have to cap her wedding at 50 guests, but she wanted to invite 70 or 80.

The bride tried to use her $1,000 deposit in several ways, including for an engagement session. But the photographer said the only engagement session available was a $2,600 helicopter package.

The bride also requested a regular two-hour engagement photo session for $1,000, which was $300 more than the price in 2020, when the service was still offered. As an alternative, she asked for a 50 per cent deposit.

Gardner wrote in her decision the bride didn't "provide any legal basis to explain why she is entitled to a refund of her $1,000 deposit."

"Essentially, she submits that it was unfair of (the photographer) to only offer to apply the deposit towards the expensive engagement and elopement packages it was currently offering in 2021," she said.

"I find (the photographer's) offer to apply the deposit to its currently offered services was a courtesy, and not part of its obligations under the parties' contract."

Gardner determined the wedding was postponed "due to uncertainty that she would be able to have the planned number of guests without social distancing requirements."

"It is undisputed that weddings were permitted in B.C. when (she) decided to postpone her 2021 wedding date," Gardner wrote.

"I find the parties' contract was not dependent on a certain number of guests attending the wedding … while it may have been undesirable for (the wedding to be held) with fewer guests, I find that did not make the parties' contract pointless to perform."

As a result, Gardner ruled the bride cancelled the parties' contract, forfeiting her deposit and her claim for the $1,000 was dismissed.