Litigious B.C. movers sue customer for $800; ordered to pay $1,800 | iNFOnews | Thompson-Okanagan's News Source
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Litigious B.C. movers sue customer for $800; ordered to pay $1,800

Image Credit: TWITTER: 2 Burley Men Moving

A B.C. moving company that sued a client over an $800 unpaid bill has had its legal efforts backfire after the online small claims court instead ordered it to pay the customer $1,800.

According to a Jan. 23 B.C. Civil Resolution Tribunal decision, 2 Burley Men Moving took customer Shubo Jiang to the online court over an $826 unpaid "holdover fee."

In the decision, Jiang said she wasn't aware of any "holdover fee" and made a counterclaim stating that 2 Burley Men Moving had overcharged her by $1,575 and caused $1,442 worth of damage to her belongings.

Jiang's claim is fairly common and 2 Burley Men Moving has a lengthy history in the small claims court and regularly goes after customers who argue over their bills.

It was involved in 25 Civil Resolution Tribunal cases last year and a handful more in the small claims court.

READ MORE: B.C. woman sues movers who overcharged, broke possessions

In this case, Jiang hired 2 Burley Men Moving to move her belonging from Vancouver Island to the Lower Mainland.

Following the move, she paid the $4,300 bill but claims she was overcharged by $1,575.

In the decision, Jiang said 2 Burley Men Moving missed the 9 a.m. ferry, which then meant she missed her reservation to use her condo building's elevator for the move at 11 a.m. that day.

She said she was charged for 10 hours instead of eight because the movers missed the ferry.

"I find that in an open-ended hourly rate contract such as this, there is an implied contractual term that the hours spent were reasonably required and put to some useful purpose," the Tribunal ruled.

The Tribunal points out that 2 Burley Men Moving provided no reasonable explanation as to why its movers missed the ferry and ordered the company to refund two hours of billed time at $525.

Jiang then goes on to claim $1,441 for a piano and other belonging that were damaged in the move.

Burley Men Moving didn't dispute it damaged the items but points to its contract that says it will refund 60 cents per pound of damaged goods – totalling $189 for Jiang's belongings.

However, as the Tribunal has done before, it criticizes the mover's contract.

"To limit or exclude liability in a contract, a business must do so in clear and unambiguous terms," the Tribunal ruled. "Several other Civil Resolution Tribunal decisions have found that Burley’s $0.60 per pound coverage does not limit Burley’s liability for damaged items."

The Tribunal references three other cases involving 2 Burley Men Moving where the Tribunal has found its contract regarding damages invalid.

"Here, I find that Burley did not clearly indicate its 'coverage' limited its responsibility for any damaged items to $0.60 per pound. Therefore, I find Burley is responsible for Ms. Jiang’s proven damages," the Tribunal ruled.

The Tribunal found Jiang is entitled to $1,127 to cover her damaged belongings.

Ultimately, while Burley had gone after Jiang for $800 it was ordered to pay her $1,796 to cover overcharges, damages and court fees.

READ MORE: IDENTITY THEFT: Okanagan College warns students personal information may have been hacked

However, cases don't always go in the customer's favour though.

Another recent Civil Resolution Tribunal decision saw Burley successfully sue a customer over a $1,000 unpaid bill.

While the customer counterclaimed and argued for $5,000 to cover damaged goods, over billing and time spent on the dispute, the Tribunal ruled in Burley's favour and ordered the client to pay $1,100 to the moving company.


To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

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