BC Civil Resolution Court Dismisses Duvet Damage Case
A man seeking $200 in damages from a Vancouver Island pest control company for allegedly messing up his duvet has had his claim dismissed by BC civil resolution court.
Grayson Johnston filed a motion with the court online, alleging that an employee of Old Island Pest Control “left ant bait all over his apartment, including his quilt, dresser and floor”, and seeking 200 $.48 for damage to comforter.
The company denied the allegations and court member Nav Shukla ultimately dismissed the case, finding that Johnston had failed to prove his claims “on a balance of probabilities”.
In support of his claim, Johnston provided photos of his bedroom which he says were taken after Old Island treated him for ants on November 26, 2021. He told the court that his duvet and his floors were clean and in good condition before leaving his apartment. this morning. He was not at home during the work.
According to Shukla’s decision, the photos showed “a few stains” on the comforter and “some kind of liquid drops on the floor of the apartment”.
“In both cases, I find the alleged damage to be relatively minor, except for one stain on the quilt which I find more visible,” Shukla wrote.
The tribunal member also noted that the photos were undated and there were no photos showing what the room looked like before the alleged damage occurred.
“Without such evidence, I find it just as likely that the quilt and floor were damaged before (the employee) undertook the ant treatment work,” Shukla wrote. “The onus is on Mr. Johnston to prove that it is more likely than not that Old Island caused the damage alleged. Here I conclude that he did not.”
Johnston argued that the court should not accept the evidence provided by the pest control company – which was a written statement from the employee who performed the work – because the employee no longer works for the company and “Old Island may have given (the employee) an inducement to provide the statement,” according to Shukla’s ruling.
“I find these allegations to be speculative,” the tribunal member wrote. “The evidence does not establish that there is any reason for me to question the credibility (of the employee) or the veracity of (their) statement.”
Shukla also found that Johnston failed to provide sufficient evidence to support his claim that “at some point” Old Island told him he was going to cut the employee’s pay because of the alleged damages.
“There is no objective evidence before me that proves that Old Island accepted responsibility at any time,” the tribunal member wrote.
Finally, Shukla noted that even if the pest control company was liable for the damage to the comforter, monetary compensation to Johnston might not have been warranted.
“Mr. Johnston did not explain why the stains on the comforter made it unusable, forcing him to purchase a replacement,” Shukla wrote. “For example, there is no evidence that the stains could not be washed. For these reasons, I reject Mr. Johnston’s claims and this dispute.”