Okanagan contractor who was ‘out of the country’ still liable for unpaid bills

A Lake Country contractor, who said they were out of the country and no longer ran the business, has been ordered to pay $5,000 after he had a fireplace installed but didn’t pay the bill.

According to a Jan. 22 BC Civil Resolution Tribunal decision, Sandy Scheiris gave numerous reasons why he didn’t owe Okanagan Fireplace Den $4,400 after the company installed a new fireplace but he didn’t pay up.

The decision says Scheiris and his firm Smith and Sons Lake Country paid a $5,500 deposit in July 2022 to have a gas fireplace installed.

Okanagan Fireplace Den came and did the work and then sent Scheiris the final bill.

However, Scheiris didn’t pay, so the company took him to the online small claims court.

In the decision, Scheiris says Smith and Sons Lake Country is no longer a franchise and the Okanagan Fireplace Den should go to “headquarters” for the money. He also says it was “headquarters” that contracted the work.

However, the Tribunal found that it was Scheiris who contracted the work, and notes he provided no evidence about the franchise or where “headquarters” was.

“In the circumstances, I find it appropriate to draw an adverse inference against (Scheiris),” the Tribunal ruled. “I assume (Scheiris) did not provide any evidence that they were not the contracting party because such evidence either does not exist or would not help their case.”

The Tribunal says it accepted that Scheiris may have had a falling out with the franchisor but didn’t change the fact he contracted to have the fireplace fitted.

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Scheiris then goes on to say he’s out of the country.

“I find the (Scheiris) being out of the country does not mean the applicant is not entitled to an order for a proven debt claim,” the Tribunal ruled.

The Lake Country contractor then goes on to say the contract had an arbitration clause in it.

However, the Tribunal found that only a verbal contract existed and said that Scheiris failed to provide any copy of a contract or arbitration clause.

Ultimately, the Tribunal orders Scheiris to pay $5,059 including interest and fees.