Personal trainer not allowed to charge $990 for texts, phone calls: B.C. tribunal
A B.C. personal trainer has been ordered to refund a client $990 despite her claim that she was entitled to keep the money as compensation for the time spent responding to the client's phone calls and text messages, a tribunal ruled.
A decision from the Civil Resolution Tribunal outlining the dispute and finding in the client's favour was posted online this week. There was no contract for the services, so tribunal member Nav Shukla relied on messages exchanged between the two parties involved to determine what their agreement was.
It is undisputed, the tribunal noted, that Anahita Moazami paid trainer Christine Wallace $1,320 for her services. The pair agreed on this price for two sessions a week for 12 weeks. However, only six in-person training sessions ever occurred between December of 2021 and February 2022.
"Ms. Wallace does not deny that Miss Moazami did not receive all of the personal training sessions that she had agreed to provide to Miss Moazami," the decision reads.
"Ms. Wallace says that Miss Moazami is not entitled to a refund because of extra hours she allegedly spent attending to Miss Moazami’s phone calls and text messages."
Shukla said the evidence showed, on a balance of probabilities, that the agreement was for actual training sessions.
"No additional charges were agreed to for time that might be spent by Ms. Wallace providing Miss Moazami with a diet plan or other support via phone, email, or text message," he wrote.
"Based on the above-mentioned text messages, I find the $1,320 price included the extra time Ms. Wallace would spend putting together a diet and home workout plan for Miss Moazami on the days they did not work out together. Ms. Wallace is not entitled to apply the balance of the $1,320 that was meant for the training sessions towards the alleged 'extra time' spent by her."
Initially, the training was delayed due to gym closures prompted by the COVID-19 pandemic. Wallace later offered online training saying doing so in-person was "not in the cards" for the pair. It was at this point that Moazami asked for a refund for the 18 sessions that never took place.
The tribunal found that although the two did not discuss a refund policy, Moazami was entitled to one under the Business Practices and Consumer Protection Act. Shukla found that Wallace was a "supplier" who "in the course of business participated in a consumer transaction by supplying, or offering to supply, goods or services to a consumer."
The contract between the two, the tribunal found, was a contract for continuing services. According to the decision, the act says these types of contracts can be cancelled by a customer “at any time” if there has been a “material change.”
Shukla said not offering in-person training constituted such a change and the act entitled Moazami to a refund for "unused services."
Wallace was ordered to pay Moazami a total of $1,118.51 which includes the $990 refund, CRT fees, and interest.
CTVNews.ca Top Stories
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Canucks claw out 5-4 comeback win over Oilers in Game 1
Dakota Joshua had a goal and two assists and the Vancouver Canucks scored three third-period goals to claw out a 5-4 comeback victory over the Edmonton Oilers in Game 1 of their second-round playoff series Wednesday.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.