Tomlinson and Foreman v. Manchulenko Date:, 2012 BCPC 384
Opinion
Citation: Tomlinson and Foreman v. Manchulenko Date: 20121018 2012 BCPC 0384 File No: 1239386 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA BETWEEN: LINDSIE TOMLINSON and CURTIS FOREMAN CLAIMANT AND: PETER MANCHULENKO coba VANCOUVER RENOVATION GROUP, PLM DESIGN AND DESIGN-TECH BUILDING SOLUTIONS DEFENDANTS REASONS FOR JUDGMENT OF THE HIS WORSHIP B. WALLACE Appearing on their own behalf: Lindsie Tomlinson & Curtis Foreman Appearing on their own behalf: Peter Manchulenko
Place of Hearing: Vancouver , B.C. Date of Hearing: August 22, 2012 Date of Judgment: October 18, 2012 [ 1 ] The Claimants seek the return of $2968.00 paid to the Defendant in November 2011, for a survey related to a home renovation. The Claimants paid the Defendant a total of $3919.34.
The balance was for design work the Defendant was to do. [ 2 ] The amount of $2968.00 the Claimants paid for the survey was the amount the Defendant told them he would pay to Hobbs, Winter & MacDonald, the survey company. [ 3 ] Hobbs, Winter & MacDonald subsequently completed the survey, and the Defendant provided the Claimants with their invoice. However, he had altered the invoice so that it appeared to be for the amount he had initially charged.
In fact, Hobbs, Winter & MacDonald charged only $1680.00. [ 4 ] The Defendant has not given the Claimants the survey. [ 5 ] The Defendant agrees that he should repay some of the amount the Claimants paid to him for survey. He says he is entitled to more than he has been paid for the design work because that amount did not include the price for 3D renderings he did. He is willing to repay $2114.57. [ 6 ] The Claimants do not agree that the Defendant is entitled to more than the $951.34 balance of their payment.
The Claimants say there was little or no value in the design work the Defendant performed and that the agreement was that the 3D renderings were included in the quoted price. [ 7 ] The Claimants paid the Defendant $2968 for a survey that they did not receive. They are entitled to the return of that payment. [ 8 ] The Claim is allowed in the amount of $2968.00 plus costs of $180.00. ____________________ Brian J. Wallace, Q.C. Adjudicator
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