Date Issued: December 5, 2018

File: SC-2017-004944

Type: Small Claims

Civil Resolution Tribunal

Indexed as: Rite Flow Plumbing Inc. v. Kodelja 2018 BCCRT 810

Between:

Rite Flow Plumbing Inc.

Applicant

And:

Sofia Kodelja

Respondent

INTRODUCTION

1.      The applicant, Rite Flow Plumbing Inc., provided plumbing services, trenching and materials at the respondent, Sofia Kodelja’s, property.

2.      The applicant seeks payment of its $2,457 invoice, less a $500 deposit paid by the respondent, and its tribunal fees. The respondent says the applicant performed unnecessary work and left damage to her property. The parties are self-represented.

JURISDICTION AND PROCEDURE

3.      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.

4.      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.

5.      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.

6.      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

7.      The issues in this dispute are:

a.    To what extent, if any, is the applicant entitled to payment of its invoice?

b.    Is the applicant entitled to its tribunal fees?

EVIDENCE AND ANALYSIS

8.      In a civil claim such as this, the applicant bears the burden of proof, on a balance of probabilities. I have only addressed the evidence and arguments to the extent necessary to explain my decision.

9.      The applicant says on August 8, 2017 it provided the respondent with a verbal quote for the repair and replacement of a water line at the respondent’s property. The quote was for approximately $2,500 including labour and materials. The applicant also says the respondent provided a $500 deposit on the same day and invited them to begin work. I accept that the applicant gave the respondent a quote in the amount noted and accepted a deposit to begin the work. There were no written quotes or contracts between the parties.

10.   It is not disputed that between August 9 and 10, 2017 the applicant attended at the respondent’s property to perform the agreed services. Based on the evidence provided, I find that the applicant dug a 4 foot by 20 foot trench, removed and replaced an existing water pipe and valves, backfilled the trench and cleaned up.

11.   The applicant provided an invoice dated August 10, 2017 addressed to the respondent. The respondent acknowledges receipt of this invoice less than a week after the work was completed. The respondent has not paid the outstanding invoice amount of $1,957, being $2,457 less the $500 deposit.

12.   The respondent says that the applicant performed unnecessary work. In particular, the respondent says that it was not necessary to dig the trench between the house and the city water line. I dismiss this argument as I am unable to determine whether replacing the entire water line was required or not. The respondent has not provided satisfactory contrary evidence, such as an expert opinion from another plumber. I accept the applicant’s submission that the quote provided included digging a trench and replacing the entire water line which, in its opinion, were necessary.

13.   The respondent says that the applicant damaged her property and did not adequately repair the damage. I have reviewed the applicant’s evidence on this point, including the provided photographs and notes. I am unable to determine if the respondent caused the alleged damage, or if it was caused by other means. I am also unable to determine the quantum (if any) of the alleged damage, based on the provided evidence. The respondent has not proved her defence of damaged property, as such her obligation to pay the invoice is not reduced.

14.   The respondent says that she felt harassed by the applicant. The respondent provided a copy of a Better Business Bureau complaint and a Hastings Sunrise Community Policing Centre Citizen Complain Form. I accept that the respondent may have felt harassed by the applicant. However, harassment is generally a criminal matter and beyond the jurisdiction of the Tribunal. Also, harassment is not determinative of the respondent’s obligation to pay for work performed. Since the respondent did not file a counterclaim, I make no order regarding the alleged harassment.

15.   I find that on August 8, 2017 there was a contract formed between the parties for the provision of services relating to the repair and replacement of the respondent’s water line. I find that the applicant performed those services in accordance with a quote provided to the respondent and invoiced the respondent accordingly. The applicant is entitled to be paid the remaining balance of its invoice in the amount of $1,957.  

16.   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. 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

17.   Within 30 days of the date of this order, I order the respondent to pay the applicant a total of $2,102.57, broken down as follows:

a.    $1957 as payment for the net balance of the applicant’s invoice,

b.    $20.57 in pre-judgment interest under the Court Order Interest Act, and

c.    $125 in tribunal fees.

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

19.   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.

20.   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.