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
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.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
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.
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.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.