Kelowna contractor tried to sue customer, but missed an important part
An Okanagan contractor has failed in its bid to get an extra $1,900 out of a client because it couldn't explain what the money was for even though it had taken them to court. According to an Aug. 22 BC Civil Resolution Tribunal decision, Okanagan Handyguy Handyman launched the...
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An Okanagan contractor has failed in its bid to get an extra $1,900 out of a client because it couldn't explain what the money was for even though it had taken them to court.
According to an Aug. 22 BC Civil Resolution Tribunal decision, Okanagan Handyguy Handyman launched the online small claims case against one-time customer Douglas Richardson arguing he still owed $1,896.
The decision said Okanagan Handyguy Handyman quoted Richardson $4,500 to build a vinyl fence and remove some trees.
The contractor did the work and then added another $382 to the bill which Richardson paid.
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However, Okanagan Handyguy Handyman said on top of the $4,882 it wanted a further $1,900.
It then took legal action over the $1,900 but came across a snag.
It failed to provide any evidence in court as to what the extra money was for.
"(Okanagan Handyguy Handyman) did not provide any documentary evidence despite having the opportunity to do so," the Tribunal ruled. "It does not say how it came up with the amount it claims as a debt, nor did it provide an invoice for the claimed amount. It does not provide any evidence of work it may have completed."
The Tribunal said as it was Okanagan Handyguy Handyman that started the court action it bore the burden of proving its claim.
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"I find it has not met that burden," the Tribunal ruled.
The Tribunal said that Richardson had raised a number of arguments about the quality of the work done, but it didn't have to address them as the claim was dismissed anyway.
Ultimately, the Tribunal threw the claim out.
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