B.C.’s Civil Resolution Tribunal has rejected a man’s claim he suffered "time wasted/emotional damage" as a result of a deal to buy used tires that went wrong.
According to tribunal vice-chair Andrea Ritchie's March 21 decision, Jayden Szabo bought used tires online from Shauna Hill for $150 on Aug. 17, 2023.
However, said Ritchie, when Szabo went to pick up the tires a few days later, he found they were not consistent with Hill’s ad description.
Szabo chose not to take the tires and Hill undisputedly agreed to refund his $150, something Ritchie said was supported by text messages in evidence.
"In this dispute, Mr. Szabo seeks a total of $250, including $150 for a tire refund and $100 for 'time wasted/emotional damage,'" Ritchie said.
Ritchie found that Hill had breached the parties’ agreement to refund Szabo the $150 and ordered her to refund him that amount.
However, Ritche said, Szabo had not proven he was entitled to any compensation on the other issue.
"I find this situation is not a peace of mind contract where damages for mental distress would be warranted," the tribunal member said in dismissing that part of the claim.
"I also note other than claiming $100 in the dispute notice, Mr. Szabo did not otherwise explain this claim in submissions or provide any supporting evidence as to its value."
