BC man fights for damage deposit after winery held $3K for confetti mess
A BC man is fighting with a local winery that held $3,150 of his $3,500 damage deposit after a pair of confetti cannons were fired during his wedding. However, he says the actual clean-up cost was a fraction of what the winery claims it spent.
Daniel Webbe filed a small claim against 50th Parallel Estate Limited Partnership (50th Parallel) after he held his wedding at its winery last June.
According to the BC Civil Resolution Tribunal decision, during the dinner service, two confetti cannons went off which violated the parties’ contract.
Webbe explained that when he saw the confetti, he spoke to a manager who told him extra cleaning might be required “and that he would let him know.”
Webbe also said he offered to help clean up the next day and returned to the hall, but the manager led him to believe there were “no issues.”
Webbe shared two statements from wedding guests which reiterated staff told him the confetti was not a significant problem.
The winery has claimed it was entitled to keep most of Webbe’s damage deposit ($3,000 + $150 tax) because of the cleaning expenses and loss of business revenue which were “well above the amount it withheld” since the hall was “unusable” for some time after to the confetti cannons went off.
“50th Parallel says the confetti cannons spread debris all over the hall and that professional cleaners had to be hired to get rid of it. It also says many of its service items were permanently damaged and had to be discarded, and that the confetti clogged its dishwashers, which required additional cleaning and servicing,” the decision reads.
Receipts?
However, Webbe argues 50th Parallel has not proven damage worth $3,150.
“He acknowledges 50th Parallel may have incurred some extra cleaning costs due to the confetti, which he values at $700,” the decision reads.
The winery did not provide evidence of the level of damage caused the tribunal member said. And the three invoices it provided did not support the cost of remedying mess or damage from the confetti, the member added.
According to the tribunal member, the 50th Parallel invoices were not obviously related to confetti clean-up and were for services dated weeks after the wedding.
The tribunal member also said they found it unclear why 50th Parallel added $150 for tax to the $3,000 it withheld from Webbe’s damage deposit “since the invoices it submitted included an amount for GST.”
The tribunal member said it found that 50th Parallel did not prove it was entitled to retain $3,150 from Webbe’s damage deposit.
“However, since Mr. Webbe only claimed $2,450, I limit his award to this amount.”
The winery has been ordered to pay $2,450 in debt for a partial refund of Webbe’s damage deposit, $60.40 in pre-judgment interest under the COIA, and $175 in CRT fees for a total of $2,685.40.
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