Date Issued: June 5, 2018

File: SC-2017-005589

Type: Small Claims

Civil Resolution Tribunal

Indexed as: Lake v. Peden, 2018 BCCRT 233

Between:

Dawn Lake

Applicant

And:

Robbie Marcus Peden

RespondenT

INTRODUCTION

1.         This is a dispute about who is responsible for the cost of repairing a dishwasher in a home sale. The applicant, Dawn Lake, says that a term of the contract for her purchase of the respondent, Robbie Marcus Peden’s house was that all the appliances worked. The applicant says the dishwasher did not work and needed repairs. The applicant wants compensation for the cost of the repair and the time she spent away from work to meet the plumber who did the repair.

2.         The respondent says that the applicant knew about the plumbing problem under the sink before she purchased the home, and that he should not be responsible for the cost.

3.         Both parties are self-represented.

JURISDICTION AND PROCEDURE

4.         These are the formal written reasons of the Civil Resolution Tribunal (tribunal). The tribunal has jurisdiction over small claims brought under section 3.1 of the Civil Resolution Tribunal Act (Act). The tribunal’s mandate is to provide dispute resolution services accessibly, quickly, economically, informally, and flexibly. In resolving disputes, the tribunal must apply principles of law and fairness, and recognize any relationships between parties to a dispute that will likely continue after the dispute resolution process has ended.

5.         The tribunal has discretion to decide the format of the hearing, including by writing, telephone, videoconferencing, email, or a combination of these. I decided to hear this dispute through written submissions, because I find that there are no significant issues of credibility or other reasons that might require an oral hearing.

6.         The tribunal may accept as evidence information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in a court of law. The tribunal may also ask questions of the parties and witnesses and inform itself in any other way it considers appropriate.

7.         Under tribunal rule 126, in resolving this dispute the tribunal may make one or more of the following orders:

a.     order a party to do or stop doing something;

b.     order a party to pay money;

c.      order any other terms or conditions the tribunal considers appropriate.

ISSUES

8.         The issues in this dispute are:

a.     Should the respondent pay for the cost of the plumbing and dishwasher repair?

b.     Should the respondent pay for the time the applicant spent away from work to deal with the repair?

c.      Is the applicant entitled to her tribunal fees?

EVIDENCE AND ANALYSIS

9.         I have considered all the evidence submitted by the applicant and the respondent, even if I do not refer to it in this decision. In a civil claim such as this, the burden of proof is on the applicant, on a balance of probabilities.

10.      The applicant and the respondent entered into a contract of purchase and sale (contract) for the home the respondent owned. In the terms and conditions portion of the contract, it says: “The seller warrants all appliances will be in working order at time of possession.” It is undisputed the dishwasher is an appliance that was required to be in working order.

11.      A home inspector inspected the home on July 5, 2017. The home inspector’s report shows that the dishwasher worked at the time of the inspection. The report also shows that there were incorrect materials and piping under the kitchen sink.

12.      The applicant says this dispute is about the dishwasher repair, and not repair of other plumbing under the kitchen sink.

13.      The applicant took possession of the home on September 13, 2017 (possession date). The applicant ran the dishwasher on the possession date and found that the dishwasher’s shutoff valve was leaking.

14.      The applicant hired a plumber to fix the dishwasher on September 18, 2017. The applicant submitted photographs and the plumber’s bill. The photograph shows the shutoff valve covered in “goop”. The plumber’s bill references damage to the dishwasher inline stop, caused by a soap spill.

15.      The respondent says that the applicant knew about a plumbing problem under the kitchen sink from the house inspector’s report, and that the dishwasher worked fine the day before the possession date. The respondent says that he should not be responsible for the cost of the dishwasher repair.

16.      The respondent submitted an undated letter from his realtor, which describes a plumbing problem under the kitchen sink, but does not say anything about the dishwasher.

17.      Given the photographs and the applicant’s September 18, 2017 plumber’s bill describing the problem as being with the dishwasher, I find that the dishwasher did not work properly on the possession date, as required by the parties’ contract.

18.      Given my conclusion above, I find that the respondent is responsible for the cost of the plumber’s bill.

19.      The plumber’s bill was for $321.30. The invoice does not specifically describe what was repaired. However, it does make reference to the dishwasher, and was for a service shortly after the possession date. I am satisfied that the invoice is for the dishwasher repair, and not for a different repair.

20.      The applicant has provided no evidence to explain her claim for compensation for time away from work. I find that the applicant has not proven this part of her claim, and I dismiss the claim for compensation for time away from work.

21.      Under section 49 of the Act, and tribunal rules, the tribunal will generally order an unsuccessful party to reimburse a successful party for tribunal fees and reasonable dispute-related expenses. The applicant has been largely successful in her claim. Therefore, I see no reason in this case not to follow that general rule. I find the applicant is entitled to reimbursement of $125 in tribunal fees.

ORDERS

22.      Within 14 days of the date of this order, I order the respondent to pay the applicant a total of $448.58, broken down as follows:

a.     $321.30 as reimbursement for the plumber’s bill to fix the dishwasher,

b.     $2.28 in pre-judgment interest under the Court Order Interest Act (COIA), and

c.      $125 for tribunal fees.

23.       The applicant is entitled to post-judgment interest, as applicable.  

24.      The applicant’s claim for compensation for time off work is dismissed.

25.      Under section 48 of the Act, the tribunal will not provide the parties with the Order giving final effect to this decision until the time for making a notice of objection under section 56.1(2) has expired and no notice of objection has been made.  The time for filing a notice of objection is 28 days after the party receives notice of the tribunal’s final decision.

26.     Under section 58.1 of the Act, a validated copy of the tribunal’s order can be enforced through the Provincial Court of British Columbia.  A tribunal order can only be enforced if it is an approved consent resolution order, or, if no objection has been made and the time for filing a notice of objection has passed. Once filed, a tribunal order has the same force and effect as an order of the Provincial Court of British Columbia.