B.C. movers and shippers were involved in a tribunal dispute after a mishap when shipping some items between Toronto, Ont., and Vancouver.
The applicants of the dispute, SH and CG, hired the respondent, Rawlinson Moving, to move their belongings, which included a car. The B.C. movers, in turn, hired Hansen’s Forwarding to transport the vehicle specifically.
When the applicants received their vehicle in B.C., it arrived damaged, and SH and CG claimed $5,000 toward vehicle repairs.
In defence against the claim, Hansen said that the applicants didn’t report the damage within 48 hours, thereby not owing anything.
According to the BC Civil Resolution Tribunal decision, the applicants first contacted Rawlinson in Summer 2022. Their request included shipping a 2017 Honda Civic. Even though Rawlinson subcontracted Hansen, the applicants said their contract was only with Rawlinson, and that they only paid Rawlinson.
The applicants received an email from Hansen in September 2022, which informed them of the subcontract.
“One line at the end of a paragraph in the three-page email says ‘Any issues regarding damages are required to be reported within 48 hours of delivery,'” the tribunal decision states.
Hansen picked the vehicle up in Toronto on Oct. 12 and delivered it on Halloween that year. SH immediately noticed damage.
“The Condition Inspection Report completed when Hansen picked up the vehicle noted there was no observable damage. The post-delivery bill of lading indicated at least one gouge in the left front door, two scratches between 1 and 3 inches long on the left front door, and 2 scratches between 1 and 3 inches long on the left rear door,” the tribunal states.
On the claim that Hansen wasn’t responsible after 48 hours, the tribunal disagreed.
“I disagree for two reasons. First, and most importantly, I find the applicants did immediately inform Hansen about the damage. It is reported in Hansen’s own bill of lading. Second, Hansen relies on the 48-hour notice requirement, but there is no evidence that the applicants agreed to this term,” the tribunal said.
“As noted, the applicants and Hansen did not have a contract. So, I find the applicants are entitled to compensation for the vehicle damage due to Hansen’s negligence,” the tribunal added.
Ultimately, Hansen was ordered to pay $5,466.20, which includes tribunal-related fees, within 21 days of the decision.