Date Issued: April 11, 2019

File: SC-2018-008314

Type: Small Claims

Civil Resolution Tribunal

Indexed as: Saadatmand v. Summer, 2019 BCCRT 447

Between:

Isaac Saadatmand

Applicant

And:

Sara Summer

Respondent

INTRODUCTION

1.      This is a dispute about an unpaid invoice. The applicant, Isaac Saadatmand, says that he did work at the home of the respondent, Sara Summer, for which he has not been paid. He seeks payment of an outstanding invoice of $1,182.30 plus $80 in fees, for a total of $1,262.30. The respondent denies that she is responsible for this amount.

2.      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 118 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.

ISSUE

7.      The issue in this dispute is whether the respondent owes the applicant $1,262.30.

EVIDENCE AND ANALYSIS

8.      In a civil dispute such as this, an applicant bears the burden of proof on a balance of probabilities. The parties have provided evidence and submissions in support of their positions. While I have considered all of this information, I will refer to only that which is necessary to provide context to my decision.

9.      The applicant says that a cabinet installer hired by the respondent damaged a power cable and caused a power outage in a portion of the respondent’s home. According to the applicant, the respondent requested that he fix the electrical damage but did not pay for the work. The applicant says he is asking for money he spent on labour and materials.

10.   The respondent denies that she is responsible for the outstanding invoice or that she said she would pay for someone else’s mistake. According to the respondent, the problem is between the electrician and the cabinet installer.

11.   There is no indication that the applicant issued an invoice to the respondent. The evidence before me contains an invoice from “Command Electric Ltd” for trouble shooting and repairing the problem with a “long screw” from the cabinet installation. The evidence also contains a statement from an employee of Command Electric Ltd, as well as the telephone number of another employee who is willing to be a witness about this matter.

12.   It would appear that the electrical work in question was performed not by the applicant but by Command Electric Ltd. It is not clear to me what relationship the applicant may have to this corporate entity.

13.   As Command Electric Ltd is not a party to this dispute, I cannot consider whether it may have a valid claim against the respondent. I find that the applicant has not proven on a balance of probabilities that the respondent made an agreement with him as an individual to perform electrical work such that she owes the applicant $1,262.30 or any other amount. Accordingly, I dismiss the applicant’s claim.

14.   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. As the applicant was not successful, I dismiss his claim for reimbursement of tribunal fees.

ORDER

15.   I dismiss the applicant’s claims and this dispute.