Claim against engineering company tossed as cash payment deemed ‘unlikely’

A claim filed by a customer against an engineering company has been dismissed for lack of evidence, following a recent Civil Resolution Tribunal ruling.

The case was marked by a stark conflict between the two parties over how much the customer paid, how she paid, when she paid, and if she should get that money back.

After dealing with extensive flooding in February 2022, Lisa Kosk hired Best West Engineers Ltd. to do a structural review of her home.

Based in Port Moody, Best West Engineers Ltd. offers services including seismic analysis and structural assessments.

Kosko asked the court to award her $750, the cost of a safety report she claimed was paid for but not provided. However, documentary evidence failed to support Kosko’s claim, ruled Civil Resolution Tribunal member Megan Stewart.

Kosko said company president Mehdi Elmi inspected her home on March 4, 2022 and agreed to provide a safety report within two days. After asking to pay by cheque, Kosko told the customer, “Cash only,” according to Kosko’s account.

Kosko claimed she paid the $750 in cash.

Elmi, who provided date and time-stamped photos to support his version of events, said he visited the site Feb. 18, 2022. During the visit, Kosko said he told Kosko he couldn’t issue a safety report without exposing the exterior foundation and interior walls.

After failing to come to an agreement, Elmi said he charged Kosko $260 for the site visit. She insisted on paying cash, according to Elmi.

Kosko’s version of events seemed less likely, according to tribunal member Stewart.

“I find it unlikely Ms. Kosko would have paid $750 in cash in advance for a report, without at least something in writing to prove the payment,” Stewart wrote, noting there is no evidence to support the $750 amount.

Stewart dismissed Kosko’s claim.