B.C.’s Civil Resolution Tribunal has ordered a moving company to pay $5,200 in overpayments and damages to a woman who used its services for a Vancouver-to-Nelson move.
Anna McLean says 2 Burley Men Moving Ltd. overcharged her and negligently provided its moving services, according to a tribunal decision posted Aug. 22.
She claimed the movers initially arrived in Nelson on Nov. 6, 2021 with half of her belongings. McLean refused to pay the invoice at that time, states the decision, and so the movers left with her belongings. She said the company eventually delivered most of her stuff, but some items were damaged and others were missing.
She claimed more than $14,000 for the alleged overcharges and damages but waived her claim to anything in excess of the tribunal’s $5,000 small claims monetary limit.
The moving company denied overcharging McLean, saying it only provided an estimate at the time of booking. The company said it was entitled to put McLean’s belongings in storage after she refused to pay the invoice. 2 Burley Men Moving Ltd. said the move was completed and there was no guaranteed delivery date.
The company did not deny its movers caused some damage and that some of McLean’s items were missing; however, it said McLean agreed to a contractual term limiting its liability to 60 cents per pound for the damaged items, which it has already paid.
McLean said when her belongings were loaded in Vancouver the load was just her things. When the truck arrived in Nelson, she said someone else’s belongings were part of the load.
Tribunal member Leah Volkers said that the moving company acknowledged someone else’s belongings accompanied McLean’s but gave no explanation for it.
“I find it likely that Ms. McLean’s belongings were weighed with someone else’s belongings,” Volkers said. “I find it likely that Burley overcharged Ms. McLean for her move based on inaccurate weights.”
Volkers ordered the moving company to pay $1,607.85 as overcharge reimbursement, $3,392.15 in damages, $25.90 in pre-judgment interest and $175 in tribunal fees.
