BC families feud over thousands in Harrison property dispute
A dispute over shared expenses related to a property in Harrison reached the BC Civil Resolution Tribunal, essentially amounting to an actual family feud.
Csaba Knezy, the principal applicant in the case, told the tribunal that Frank Barbosa, the respondent, had missed several monthly payments toward shared property expenses since 2018.
Knezy claimed $2,800.88 in total damages.
Barbosa, who filed a counterclaim, said that Knezy failed to return a utility trailer he borrowed and asked the tribunal for $2,000 for the unreturned trailer. Knezy responded to the counterclaim by saying the trailer is at the Harrison property and that Barbosa has access to it, and also denied that it’s worth $2,000.
According to the publicly posted BC tribunal decision, Knezy said that in 2010, three families, including Knezy and DK, Barbosa and AB, and AF and RF, agreed to buy and co-own the Harrison property this case pertains to.
Barbosa set up a shared CIBC account, and each family made monthly deposits that were automatically withdrawn.
Knezy first noticed discrepancies in 2017. In 2021, upon reviewing the account statements, Knezy discovered that the Barbosa family had missed numerous payments dating back to 2018.
The BC Civil Resolution Tribunal said that, based on Knezy’s delays in keeping on top of the account review after his suspicions became clear, he didn’t exercise “reasonable diligence” to discover the missed payments.
“I find Mr. Knezy should have discovered the alleged missed payments by March 15, 2021, at the latest, and started his claim before March 15, 2023,” the tribunal said.
“Mr. Knezy also says he discovered an account shortfall in his December 2017 review. Once he discovered the 2017 shortfall, I find Mr. Knezy should have exercised reasonable diligence and reviewed the account more than once in 3.5 years,” it added.
While Knezy couldn’t prove that Barbosa was liable for $2,800, the tribunal did award him $261.78 in damages for breaching the families’ agreement.
In total, after tribunal fees, Barbosa was ordered to pay Knezy $386.78. Barbosa’s claim of $2,000 for the utility trailer was dismissed.
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