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
NEW Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
NEW Life got in the way of one woman's reunion with her father, but a DNA test gained her a family
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Quebec farmers have been protesting since December. Is anyone listening?
Upset about high interest rates, growing paperwork and heavy regulatory burdens, protesting farmers have become a familiar sight across Quebec since December.
'Catch-and-kill' strategy to be a focus as testimony resumes in Trump hush money case
A veteran tabloid publisher was expected to return to the witness stand Tuesday in Donald Trump's historic hush money trial.
Quebec Health Department reports 28 cases of eye damage linked to solar eclipse
Quebec's Health Department says it has received 28 reports of eye damage related to the April 8 total solar eclipse that passed over southern parts of the province.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.