A B.C. man had to pursue legal action against a moving company he hired because some of his personal items were severely damaged and misplaced.
Daniel Zmyslowski brought a fight against Style Moving to the B.C. Civil Resolution Tribunal dispute.
Zmyslowski claimed damages of $4,649.99, which included $750 for a replacement desk, which he says was damaged by Style, and $3,899.99 for a mountain bike, which he claims was misplaced by Style.
Style told the tribunal that the contract between the parties excluded any liability for furniture made of pressboard, particle board, or engineered wood like the desk. Style added that the contract excluded liability for items over $500 unless the customer made a value declaration and paid an additional fee.
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Zmyslowski hired Style to help him move his things from Chilliwack, B.C., to Edmonton, Alta. His things were picked up on April 19, 2023, with an intended delivery date in early May. Zmyslowski says the desk was delivered beyond repair.
“There are photos showing the desk that I agree show it was unrepairable,” the tribunal added.
Style also didn’t deny damaging the desk and admitted to losing a bike, according to a May 10, 2023 email.
The tribunal member overseeing the case referred to Style’s contract terms regarding liability.
“Those terms are spread across the two-page document, are in very small print, and are contradictory and inconsistent. Given my conclusion below, I do not need to determine exactly what the clauses mean. Mr. Zmyslowski says these terms are unconscionable and contrary to public policy. He also denies agreeing to those terms despite signing the contract.”
Additionally, Zmyslowski said that nobody had told him about any exclusions of liability, and the tribunal had accepted that as the truth.
“In short, Style Moving only provided notice of any exclusions of liability after the parties had formed a contract. Even then, all Style Moving did was attach its standard form contract while telling Mr. Zmyslowski he did not have to sign it yet.”
The tribunal turned its attention to potential damages. While Zmyslowski tried to argue that he should get the full replacement value, the tribunal disagreed. Zmyslowski claimed $750 for the desk, but the tribunal awarded him $300 instead, deeming it appropriate.
Regarding the mountain bike, Zmyslowski claimed $3,899.99. The tribunal found that $1,000 was appropriate.
In total, including tribunal fees, Style was ordered to pay Zmyslowski $1,503.60 within 30 days of the tribunal’s decision.