Image Credit: TWITTER: 2 Burley Men Moving

A BC moving company that tried to sue a customer over a $3,200 unpaid bill have been ordered to cough up after a Tribunal found it had overcharged and caused $2,000 of damage.

According to a Sept. 17 BC Civil Resolution Tribunal decision, 2 Burley Men Moving took Anthony Cardinal to the online small claims court after he refused to pay a $3,200 moving bill.

Cardinal argued the company didn't finish the move, overcharged him and damaged his belongings. In a counterclaim, he argued for $4,150 to cover the damage and the time he spent helping 2 Burley Men with the move.

The moving company is no stranger to the BC Civil Resolution Tribunal and last year was involved in 16 cases. In the last six years, it's appeared in 50 cases.

The current decision said Cardinal hired 2 Burley Men Moving in August 2022 to move into an 800 square feet, two-bedroom apartment in an unnamed BC city.

He said 2 Burley Men Moving quoted him $150 for two movers and was told the move would take around six hours. 

2 Burley Men Moving disputed this and said it quoted $175 for two movers, plus two hours of travel time and a $75 fuel surcharge. It also said this was sent in an email, although Cardinal denied receiving it.

However, 2 Burley Men Moving failed to present this email as evidence, so the Tribunal ruled that it was unproven that Burley sent the email or that Cardinal had agreed to the rates and fees.

The decision also said that 2 Burley Men Moving asked Cardinal to sign a waybill a few hours into the move and it had $150 crossed out and $175 written in.

However, the Tribunal said it was unclear what was written on it when he signed it and emails showed that 2 Burley Men Moving didn't change the hourly rate until after the move.

"So, if there was a rate written on the waybill, I find it more likely than not it was the $150 hourly rate for 2 movers that Mr. Cardinal says he agreed to," the Tribunal ruled.

In the final bill, 2 Burley Men charged $175 for two movers at 9.5 hours and an additional three movers at $225 an hour for four hours.

"Mr. Cardinal says that Burley not only charged him a higher rate for two movers, but it unnecessarily added a third mover without his agreement. He says that the movers were inexperienced and worked inefficiently throughout the move, causing delay, which resulted in Burley sending the third mover," the decision read.

READ MORE: Kelowna woman calling for regulation of moving companies

He also said they got lost and took 45 minutes to complete a two-minute journey.

2 Burley Men argued the delays were caused because Cardinal didn't inform it about stopping at a storage unit and that the move would involve an elevator.

However, the Tribunal said the movers presented no evidence to support this.

"I note Burley is an experienced litigant that has participated in dozens of Civil Resolution Tribunal disputes... so it should be aware of the importance of providing evidence to support disputed invoices," the Tribunal said.

The Tribunal said it drew an "adverse inference" that 2 Burley Men Moving didn't provide this evidence as it would be damaging to its case.

The Tribunal also found that the movers were inefficient during the move, which meant it took much longer than anticipated.

Ultimately, the Tribunal ruled the move should have cost $1,800 and not the $3,200 it charged.

It then looked at the damage 2 Burley Men Movers had caused to Cardinal's stuff.

The Tribunal found the movers had scratched and chipped a bed frame, a dining table, a side chair’s wood frame and legs, a side table, a TV stand and damaged edges on a dresser. The company also damaged a laptop table, a nightstand and a shoe storage rack. It had also broken the handle off a kettlebell weight, dented a metal storage table and damaged a sofa.

"The upholstery on Mr. Cardinal’s sofa ripped away from the staples on one side, and multiple areas on the sofa where the fabric looks worn down due to being dragged on the floor," the Tribunal said.

2 Burley Men Moving argued its protection plan only covers $0.60 per pound and it calculated $231 for what it called "minor damage."

The Tribunal said it was "unclear" how it arrived at this figure and ruled there was no evidence the customer had agreed to the $0.60 per pound compensation.

Ultimately, the Tribunal ruled that 2 Burley Men Moving had to pay $2,140 for the damaged furniture.

As Cardinal was on the hook $1,890 for the move, and 2 Burley Men Moving were on the hook $2,140 for the damage, the Tribunal ordered the movers to pay its former customer $250.

The result is much the same as a case from early this year.

In March, 2 Burley Men Moving tried to sue over a $2,229 outstanding bill, only for the Tribunal to rule the mover had overcharged for the move and damaged furniture and ordered it to pay its former customer $342.

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