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A Vernon contractor hired to fix an air conditioner has failed in its attempt to sue the client after a tribunal ruled that its lack of communication was a breach of the contract.

According to an Aug. 21 BC Civil Resolution Tribunal decision, Aslan Electrical, Plumbing, Gasfitting, Refrigeration and Sheetmetal Services was hired by landlord company Towne Two Holdings after a tenant complained their air conditioning wasn't working.

The decision said it was August 2021, and Aslan turned up at the apartment building and found several air conditioning units on the roof.

It spent six hours running tests to find and diagnose the malfunctioning unit.

Aslan returned the next day with an electrician and spent a further six-and-a-half hours diagnosing the problem, which it found was a compressor that was likely burning out.

By its own admission, it then returned 20 days later to check the air filter and model information.

In the meantime, the landlord hired a different firm to do the work because it hadn't heard back from Aslan.

However, while Aslan didn't fix the air conditioner, it took the landlord to the online small claims court over a $1,129 bill to cover the hours it spent diagnosing the problem.

Aslan is no stranger to the small claim court and so far this year has taken 14 of its customers to the BC Civil Resolution Tribunal. It wins the majority of its cases.

Since 2017, it's taken 65 customers to the Civil Resolution Tribunal and been involved in more than a dozen cases in the small claims court.

According to the decision, the landlord called Aslan the first day it was there, but didn't get a call back. The next day, they spoke with someone at Aslan but got no information on the next steps.

"Towne says that it hired Gateway Mechanical to do the work because it did not hear from Aslan again," the Tribunal said.

In the decision, Aslan said it told the landlord what needed to be done, but was ignored.

"Aslan did not provide any other details of this communication or documentary evidence such as phone or email records," the Tribunal ruled.

The Tribunal ruled Towne Two's evidence was more convincing than Aslan's.

"Given their urgency in fixing the air conditioning for their main tenant in the height of summer, I find it unlikely that Towne Two would not have responded to Aslan. Aslan does not explain why, if Towne was not responsive, Aslan returned on August 25 to verify model and filter information. Aslan does not explain why it did not proceed to fix the air conditioner between August 5 and August 25," the Tribunal ruled. "Aslan has not provided details of its alleged communication with Towne or provided any evidence in support, such as a technician statement or call records."

The landlord argued that Aslan’s failure to communicate the result of its diagnostic work and the next steps to repair the air conditioner was a fundamental breach of the contract and it shouldn't have to pay.

And the Tribunal agreed.

"I find that a reasonable person would consider the contract to be completely undermined," the Tribunal ruled.

"Essentially, Towne Two received no value for the diagnostic work. Due to Aslan’s lack of communication, Towne hired another contractor to complete the work. I find that failing to communicate the result of the diagnostic work to Towne Two was a fundamental breach of the parties’ agreement," the Tribunal.

Ultimately, the Tribunal dismissed Aslan's claim.

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