Coquitlam developer not liable for $525 garage door repair bill, tribunal says

image supplied

Whether or not the garage was actually fixed, a Coquitlam-based development company won’t have to pay for it, following a recent Civil Resolution Tribunal decision.

GM Garage Doors Inc., a Vancouver-based company, claimed it was hired to work on a commercial property owned by Circadian Developments.

Circadian, a real estate development company based on Coquitlam, denied those repairs were done.


Local news that matters to you

No one covers the Tri-Cities like we do. But we need your help to keep our community journalism sustainable.

GM contended they were hired by one of Circadian’s tenants and that the development company should pay the $525 bill. Garage doors in commercial buildings are “typically the landlord’s responsibility,” the company argued.

However, the garage door company failed to establish that it was Circadian that owed them the money, ruled CRT member Alison Wake.

GM essentially argued that the tenant who asked for the repairs acted as Circadian’s agent, which meant the repair contract was between GM and the development company.

Circadian claimed it was not responsible for the bill, “given it did not hire GM,” Wake noted.

GM needed to prove its claim on the balance of probabilities. However, Wake dismissed the company’s argument.

“I find no evidence or argument that Circadian gave the tenant actual authority to bind Circadian to a repair contract,” Wake wrote.

GM provided some evidence but nothing that showed Circadian was aware of the repair request.

“GM provided screenshots of text messages that it says it exchanged with the ‘customer,’” Wake wrote. “However, the screenshots do not identify who the ‘customer’ is and GM does not provide further explanation in its arguments,” Wake wrote.

GM argued Circadian benefited from the repair work.

However, Wake concluded there was insufficient evidence to conclude Circadian was enriched, calling the claim “speculative.”

Under the terms of their lease, Circadian said the tenant would be responsible for garage door repairs, according to the ruling.

While Circadian didn’t submit that lease as evidence, Wake determined GM had the burden of proving Circadian owed them the money, “rather than Circadian having the burden of proving it should not.”

GM’s claim was dismissed.

Dealing with small claims

The Civil Resolution Tribunal has jurisdiction over small claims.

Hearings can be held through written submissions, telephone, videoconferences, or a combination. For this hearing, Wake assessed the documentary evidence and submissions.

Wake determined that an oral hearing would not be necessary “in the interests of justice.”


Help us continue serving you!

The Tri-Cities Dispatch team and I are immensely proud of what we’ve built here and couldn’t have done it without the support of our readers. Will you join 191 of our readers and help keep Tri-Cities Dispatch accessible to everyone?

Help us reach 24 new monthly supporters.

This site uses cookies to provide you with a great user experience. By continuing to use this website, you consent to the use of cookies in accordance with our privacy policy.

Scroll to Top