Dispute over damage to designer purse settled by B.C. tribunal

A Cassandre Saint Laurent Matelassé chain wallet is shown in this undated image from the Yves St. Laurent website. (Image credit: ysl.com)

B.C.'s Civil Resolution Tribunal has settled a dispute over a designer handbag – ordering one woman to pay another nearly $1,500.

The decision was posted online Wednesday, saying the Cassandre Saint Laurent Matelassé chain wallet – which retails for over $2,000 – was "undisputedly damaged" when one friend borrowed it from another for a trip to Dubai.

Thanh Lam lent the handbag to Andrea Knittig last year, the tribunal's decision explains. When it was returned it was "discouloured" and the "textured finish" had been ruined in some places, the decision says, adding this is what photos entered into evidence showed.

Lam was seeking $2,251.20 in compensation, saying the pricey purse was damaged beyond repair as a result of Knittig's negligence.

For her part, Knittig said the damage was caused by airport security agents who searched her luggage and failed to repack it properly.

"The respondent says when she opened her luggage, she discovered the interior securing straps were undone and several items had been disrupted and damaged," the tribunal's decision says.

"She further says that her liquids bag was cut open and a travel-sized glass bottle of perfume had broken and leaked in the luggage including onto the applicant’s handbag, causing the damage."

When one person lends something to another, tribunal member Nav Shukla explained, "the borrower is liable for even the slightest negligence that causes damage to the loaned item." In addition, the law requires the borrower to prove that they were not negligent – not for the lender to prove the opposite.

Knittig told the tribunal that she took a number of steps to secure the purse in her luggage – including packing liquids in a waterproof bag and making sure the loaned item waillws in a separate compartment.

However, Shakra noted that no evidence was provided to show that proper care was taken to pack the luggage nor that the bag was ever searched by CATSA agents. Further, the tribunal agreed with Lam that if agents had searched the bag, it was up to Knittig to make sure everything was put back properly.

"I find the respondent has failed to prove that she exercised reasonable care over the applicant’s handbag in all of the circumstances. Accordingly, I find she is liable for the damage to the handbag," Shakra wrote.

When it came to damages, Knittig argues she should only be made to pay the estimated repair costs for the bag. However, the tribunal said expert evidence was submitted that made it clear the purse could not be "fully restored to its original condition."

Ultimately, Shakra decided to award Tham $1,468 -- the value of a used purse of that make and model in "good condition" rather than the full retail value of a brand-new bag.