
Folks who had planned wedding dates that landed during COVID-19 ran into many hardships, and one case against between a couple and a Vancouver photographer took years to resolve.
According to a dispute that made its way to the BC Civil Resolution Tribunal, a couple claimed damages against the photographer, stating they paid for services that weren’t used.
The couple, AU and IM, claimed $5,000 for a refund for the unused services.
In response, Hong Photography claimed the couple breached the contract several times by changing dates. Hong also filed a counterclaim, which was dismissed.
Both parties signed an agreement for photography services in October 2020, months before COVID-19 became a reality that changed our lives forever.
The agreement said that Hong would provide 10 hours of photography and videography. A price of $12,337.50 was agreed upon. That price would include 150 edited digital images, an online gallery, a four-minute-long film and all of the digital photos unedited.
The applicants paid a 50% retainer.
May 8, 2021, was the original date for the wedding. The pre-ceremony, ceremony, and reception were to take place in the same location. Sometime in March 2021, Hong agreed to change the date to March 9.
In April, AU discussed COVID-19 restrictions with Hong and possibly rescheduling the date. Both parties worked together to find a suitable date.
Later, both sides agree to a new date of July 25, 2021. It would include five hours of photography and videography that day and an additional five hours on the reception day for a date to be determined before the end of 2021.
“The second contract included an additional clause stating that if the client needed to postpone the wedding due to COVID-19, there would be a $2,000 penalty,” the tribunal decision states.
The wedding ceremony on July 25, 2021, went ahead as planned, and Hong provided four hours of service. While he was initially scheduled for five hours, he suggested adding the extra hour to the reception. The wedding party agreed.
After this, many conversations occurred, and the reception was rescheduled several times.
“On Feb. 16, 2023, the applicants emailed Hong to ask if they could forfeit the remaining 6 hours of service in exchange for a $5,500 refund. Hong said that payment was non-refundable and that it was unwilling to provide a refund because [he] had made so many date changes for the applicants.”
The tribunal determined that the wedding party received between 60 per cent and 65 per cent of what they were contracted for, meaning they should receive a refund of 35 to 40 per cent.
So, the tribunal determined that Hong owed the applicants $4,500.
In total, including tribunal fees, the Vancouver wedding photographer was ordered to pay the applicants $5,091.654 within 21 days of the decision.