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A B.C. woman who sued a tattoo parlour for $5,000 for the "pain and suffering" she'd endured in getting a tattoo has lost her legal challenge.

Margaret Fodor argued Happy Buddha Tattoo Studio had exceeded her budget before the tattoo was finished and she was "very disappointed" with the experience in which she'd been "taken advantage of."

According to a Dec. 20, Civil Resolution Tribunal decision, Fodor had "saved the money for a long time" so she could get her first tattoo.

She went to the Happy Buddha Tattoo Studio in the Lower Mainland and after an initial consultation agreed to the work being done.

The decision did not say what the tattoo was of, or whereabouts on her body it was located.

The decision said she told the tattoo studio she had a budget of $900 but that she paid $1,205 for the unfinished tattoo.

Fodor admitted she knew the tattoo studio charged $185 an hour but argued it should not have agreed to do the tattoo if it could not be completed for, at most, $900.

In her filing at the Tribunal, Fodor claimed $2,300 for intent to take advantage, $2,300 for pain and suffering and a bad experience and $200 to pay someone else to complete the tattoo work and $200 for a deposit refund.

However, the Tribunal ruled that as Fodor had agreed to hourly pricing that suggested that the tattoo price was not fixed at a $900 maximum amount. The Tribunal found that Fodor had failed to prove that Happy Buddha Tattoo Studio agreed to complete the tattoo for $900 or less.

Fodor also argued for a $200 deposit to be returned and suggested that "the receptionist saw how much money was in her wallet and so asked for that amount."

Unsurprisingly, the Tribunal ruled Fodor's statement as "speculative and unsupported by any evidence."

Fodor also submitted a black and white photograph in her submission claiming that the tattoo had not yet had any green colour added.

"(The) evidence is black and white and it is difficult to discern the level of completion," the decision read.

On returning to the tattoo studio for her final appointment Fodor calculated that she'd paid $1,205 towards her tattoo, which was over her budget. She asked for the $200 deposit back, although she was aware the studio had a no-refund policy.

The decision said the tattoo artist offered to complete the tattoo at a cost less than the $200 deposit.

However, Fodor said the tattoo artist’s completion offer was an "attempt to take advantage of her" and retain some of the deposit money rather than refund it.

The tattoo studio said it would have refunded the difference and the Tribunal sided with it.

Fodor's claim for $200 to cover the cost of having the tattoo completed at another studio was also dismissed as Happy Buddha Tattoo Studio had offered to complete the tattoo.

Fodor claimed $2,300 saying the tattoo studio had caused her "stress, pain, and suffering," and included a doctor's letter as evidence.

However, the Tribunal ruled the letter didn't provide a specific diagnosis and that Fodor had been suffering from stress since 2003.

"Her mental health deteriorated in 2018, long before she requested a tattoo from Happy Buddha Tattoo Studio," the decision read.

"I acknowledge that Ms. Fodor found the tattoo disagreement with Happy Buddha Tattoo Studio upsetting. However, I find the evidence before me does not show that Happy Buddha Tattoo Studio treated Ms. Fodor unfairly or discourteously, or in any way that could reasonably be expected to significantly worsen a person’s mental health," the Tribunal ruled. "I find the evidence does not show that Happy Buddha Tattoo Studio is responsible for Ms. Fodor’s claimed pain, suffering, or stress over the tattoo disagreement."

With that, the Tribunal dismissed Fodor's claim putting it to a close, although the tattoo itself will remain.

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