Wonky truck becomes Achilles' heel for Canadian moving company sued by client

Aug 17 2023, 7:06 pm

An overcharged client sued a Canadian moving company, and it turns out that a wonky truck involved in the move was the Achilles’ heel for the movers in a small claims case.

2 Burley Men Moving has been involved in several cases at the BC Civil Resolution Tribunal, including a few instances where it sued a client.

This case began last August when Beverly Bronson and Kevin Welch hired Burley for their move.

According to the tribunal decision, Bronson spoke to an employee of Burley on August 15, who quoted or estimated around $4,000 for the move.

The clients ended up paying $6,701.10.

Bronson and Welch suggest that the price was estimated based on a description of their belongings and the driveway size that could accommodate two trucks being loaded simultaneously by four experienced movers.

The next day, on August 16, Bronson asked the same employee for an agreement in writing but claimed she was told that the company did not “do a contract like that” but that the cost would be very close to $4,000, “all in.”

Burley disputes the $4,000 estimate, suggesting the rate was based on a $350 per hour figure.

The only place the $350 per hour figure is mentioned is a move confirmation document, but the tribunal said it was more likely that the clients did receive the $4,000 estimate.

“Based on the evidence before me, I find the parties did not agree to an hourly rate.”

On the move date, the moving company arrived with two trucks, one full-sized truck and a smaller one, contrary to the agreement that suggested there would be two full-sized trucks.

On top of that, the smaller truck wasn’t mechanically sound. It was so bad that it was determined the smaller truck wouldn’t make the trip to the new city.

Everything needed to be loaded into the larger truck.

“All of this resulted in a much longer process than the half day the applicants say was discussed.”

The tribunal added that the wonky truck was not an unforeseen circumstance, so it isn’t the responsibility of the applicants to bear an increased cost.

2 Burley Men Moving owed Bronson and Welch $2,964.75, which included $2,701.10 in damages, with the rest attributed to tribunal fees.

This also wasn’t the first time Burley appeared in a tribunal hearing.

Amir AliAmir Ali

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