A Canadian moving company sued its client, claiming he failed to describe his load accurately.
2 Burley Men Moving, which has been involved in its fair share of legal disputes, sued John Hajutala, claiming that it was owed $1,866.20 that wasn’t paid.
In response, Hajutala suggested that Burley did not “finish the job.”
The BC Civil Resolution Tribunal ruled in Burley’s favour, and here’s why.
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Burley says both parties agreed that it would be paid $130 per hour for two movers, including travel time, a $300 fuel charge, and ferry costs.
Hajutala was moving out of a two-bedroom, 1,300 sq ft apartment, so Burley booked a 7-tonne truck, believing it would have had more than enough room for what was described.
When Burley arrived, it was determined that Hajutala’s belongings would not fit in the truck.
“The applicant argues the respondent did not properly describe the load,” the tribunal decision reads.
Hajutala did not dispute that argument.
After taking his belongings to the new home, Burley advised Hajutala that he would need to do a second trip. Hajutala refused to pay for an additional trip. Burley billed Hajutala $4,366.20, but he only paid Burley $2,500, leaving a balance of the claimed amount of $1,866.20.
While it is undisputed that Burley didn’t finish the move, the tribunal found that the unpaid amount had nothing to do with work that was not completed.
“The respondent would have had to pay the applicant more to move what was left behind if it had not paid other movers. On balance, I find the applicant is entitled to payment of $1,866.20 for its unpaid moving services,” the tribunal ruled.
In total, including fees, Hajutala owed Burley $2,061.38.