BC movers damage furniture and scratch floor, but still sue

A BC moving company that broke and damaged a client's belongings has taken them to court after they refused to pay up. According to a Dec. 20 BC Civil Resolution Tribunal decision, 2 Burley Men Moving completed a residential move for Taylor Apsouris and then sent her a $2,273 bill. However, Apsouris refused to pay the full amount as 2 Burley Men Moving had ripped their sofa and their mattress, scratched their vinyl floor and broke glassware and a personal item. 2 Burley Men Moving then took Apsouris to the online small claims court. The BC moving company is no stranger to the small claims court and is a frequent litigant. In the last two years, it has been involved in almost 40 cases, along with 23 cases in the BC Small Claims Court. In the current case, 2 Burley Men Moving said its liability is limited to the contract, which states that customers are due $0.60 per pound coverage. READ MORE: BC man sues movers that charged 'transfer fee' after truck broke down https://infotel.ca/newsitem/bc-man-sues-movers-that-charged-transfer-fee-after-truck-broke-down/it107495 However, the Tribunal said previous BC Civil Resolution Tribunal cases have ruled that 2 Burley Men Moving's contract does not limit their liability for damaged items. "This is because limiting or excluding liability in a contract must be done in clear and unambiguous terms," the Tribunal said. "I find that Burley’s waybill does not clearly indicate that its liability is limited. So, I find Burley is responsible for the damage to Taylor Apsouris’ belongings." The Tribunal then ruled that 2 Burley Men Moving should cover $600 for a new bed and $225 to repair the sofa. READ MORE: BC man sues and wins after Hertz said a reservation doesn't guarantee a vehicle https://infotel.ca/inwheels/bc-man-sues-and-wins-after-hertz-said-a-reservation-doesnt-guarantee-a-vehicle/it106778 The Tribunal noted that Apsouris didn't submit receipts for how much the sofa repair would cost so it would accept 2 Burley Men Moving's $225 suggestion. They also didn't submit receipts for the damaged floor or the personal item. "The scratches on the vinyl flooring appear to be minor and the glassware and personal item do not appear to be expensive. On the limited evidence before me, I find it reasonable to allow Taylor Apsouris to deduct a further $100 from Burley’s invoice," the Tribunal ruled. Ultimately, the Tribunal ordered Apsouris to pay 2 Burley Men Moving $1,486 including interest and fees, almost $1,000 less than what the moving company wanted. To contact a reporter for this story, email Ben Bulmer mailto:bbulmer@infonews.ca  or call (250) 309-5230 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .