A woman is claiming that some of her items were damaged or missing after a Canadian moving company handled her relocation.
Melina Deban filed the civil claim with the BC Civil Resolution Tribunal after she hired Canadian National Van Lines Inc. (Canadian) to move her belongings from Calgary, Alberta, to Vancouver, BC, in January 2023.
When the items were delivered, Deban said she noticed some of her belongings were damaged, and the cable ties securing her two bins had been cut. ” At least” four designer bags were missing from the bins, she said.
Deban filed a police report and later filed a claim with Canadian.
In response to her claim, the company said her coverage was “limited to 60 cents per pound per article and owner-packed items were not covered,” the decision reads.
“It further says there was a $425 deductible applicable. Given the limited weight of Ms. Deban’s claimed damaged or lost items, Canadian says it owes Ms. Deban nothing.”
Deban and Canadian agreed that the moving company packed all her belongings except the two bins that she packed herself and secured with cable ties.
Company argues Deban was “not covered”
Canadian responded, saying the lost bags and a bathmat were “not covered under standard liability” because she packed the items herself.
The company did accept her claim for a damaged bed frame, missing under-bed drawer, and missing lower coffee table shelf.
However, because the total weight of these items was 70 lbs. based on “standard measurement scales,” Canadian said Deban was eligible for $42 at 60 cents per pound. However, because of a $425 deductible, the company argued the woman was not entitled to anything.
Canadian did offer Deban $40, but she did not accept it.
The company further argued that its terms and conditions limit its liability for the damaged items. It explained that in a reservation agreement it emailed to Deban it outlined the coverage limitations and provided options to purchase additional coverage.
However, the tribunal member said the evidence the company offered “does not include a response from Ms. Deban confirming receipt.”
Deban unaware of clauses
Additionally, the member said, “ A limitation of liability clause is not effective or enforceable unless the party seeking to rely on it brought it to the attention of the other party when they made their contract.”
The tribunal member even said the clause and Canadian’s maximum liability details were in confusing sections of the agreement and it did not ensure Deban was aware of the provisions.
“I find Canadian has not limited its liability in clear and unambiguous terms that Ms. Deban accepted, and it cannot rely on the provisions that purport to do so in the bill of lading or the reservation agreement,” the tribunal member said.
The tribunal member added the Canadian did not provide any evidence about the measures it takes to secure a shipper’s goods.
“It does not say that it engaged in any kind of investigation as to why the cable ties securing Ms. Deban’s bins were cut, such as by interviewing employees or reviewing security camera footage,” they said.
“I accept that Ms. Deban’s designer bags went missing from the bins, which is supported by her filing a police report the next day. I also accept that Canadian damaged her bed frame, lost one of the under-bed drawers, lost a coffee table bottom shelf, and broke some small items, all of which was supported by photos. Canadian did not specifically deny damaging or losing these items, or provide any written statements from the employees involved.”
Deban awarded damages
Deban sought $2,500, which she said includes compensation for her time pursuing a damage claim directly with Canadian.
However, in a breakdown of her claim, the tribunal member said Deban valued the four bags at $1,000, despite credit card statements suggesting she paid around $700 for the bags. Deban said she factored in inflation to reach $1,000. However, the tribunal member said she did not provide evidence of the replacement cost of similar bags today.
“On a judgment basis, I allow $600 for the bags, taking into account depreciation,” the tribunal member said.
For the damaged bed frame, lost drawer, lost coffee table shelf, and small broken items the member said they were conservative in estimating damages amid the limited evidence and allowed $300 for all the damaged items.
In total, Canadian was ordered to pay Deban a total of $962.50, broken down as $900 in damages and $62.50 for CRT fees.