Cat and house-sitting agreement ends in BC legal fight about extortion, eviction

Dec 7 2023, 12:26 am

A strange case that made its way to the BC Civil Resolution Tribunal surrounding cat and house-sitting services ended up in a lawsuit involving extortion, eviction, and a visit from the police.

Maya Zysman filed a claim against Jeff Sims, who then filed a countersuit against her.

Zysman initially claimed that Sims breached the contract between the two parties because Sims failed to disclose that his cat was very ill and that he used the police to evict her under false pretenses. Zysman claimed $5,000, including $1,423 for travel expenses, cash and items left at Sims’s house, $2,176 for her services, and $1,400 for unrealized accommodations.

In his counterclaim, Sims denied liability, claiming Zysman terminated their agreement and that she tried to extort him for more money in exchange for leaving his house, so he “reasonably called the police.”

Zysman disagreed with the counterclaim, suggesting it should be dismissed.

According to the tribunal decision, the two parties agreed that Zysman would fly from the USA and look after Sims’ house from August 22 to September 24, 2022.

Zysman’s duties would include feeding the cat upstairs, cleaning the litterbox, and watering the gardens and houseplants.

In exchange, Zysman would be allowed to stay in the downstairs guest suite and be able to “leave the house to view real estate she wished to purchase.”

No exchange of money was involved.

The cat eventually got sick, and around August 29, 2022, Sims called on someone else to care for the home because Zsyman said she was not trusted.

Zysman claimed that Sims breached the contract by informing her that the cat was sick, but the tribunal found no indication that the cat was ill before he left.

Along with not feeling trusted, Zysman wanted to return home, refusing to take care of the house, garden, or cat-sitting duties.

In an email on August 30, Zysman wrote that her plans were ruined, saying, “I don’t feel comfortable staying here anymore, so I think paying for my return ASAP is the least you can do.”

Sims agreed to pay for her return in principle, but Zysman had some demands, like that the flight could not have long connections and that Sims had to pay for her ride home from the airport.

The tribunal agreed with Sims that Zysman was trying to “extract further concessions” instead of leaving ASAP.

On September 10, Sims told Zysman that she had to leave his house or he’d call the police. He added he wasn’t paying for her plane ticket anymore.

Sims did end up calling the police, and they came to the house that evening. Zysman refused police requests to leave. Only when being threatened with arrest did she agree to go. A mediator on behalf of Sims came to pay Zysman $720 for her flight home.

“One of the constables concluded that Ms. Zysman was ‘stalling’ and ‘attempting to take advantage of people who were out of the country,'” reads the tribunal decision.

Ultimately, the tribunal dismissed all of Zysman’s claims, instead awarding Sims the decision in this house-sitting lawsuit, totalling $3,461.81, which included $3,134 in damages and the rest in tribunal fees.

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