B.C.’s Civil Resolution Tribunal has rejected the claim of a man who wanted to be paid in cash for the repair of another’s outboard motor.
Leslie Wayne Penny sought $735 from Michael Larscheid in a claim before tribunal vice chair Eric Regehr.
“Mr. Larscheid says the parties agreed he would pay in cash and beer, and that he did so,” Regehr said in his Jan. 9 decision. “He also says he returned the motor to Mr. Penny. So, he says he owes nothing.”
Regehr said Larscheid’s son owned a boat with an outboard motor which he took to Penny when it stopped working sometime in spring 2020.
Penny said he paid for the parts and installed them on June 5 and 6, 2020.
“He then sent Mr. Larscheid a bill, which he did not pay,” Regehr said.
Penny said Larscheid reached out to ask for the motor for Thanksgiving weekend in 2020. He said Larscheid agreed to pay so Penny gave him the motor.
“However, Mr. Penny says that Mr. Larscheid again did not pay,” Regehr said.
However, Penny said Larscheid made a partial payment in January 2021 by putting a Ziploc bag full of loonies, quarters, dimes and nickels worth $140 in his mailbox.
“Mr. Larscheid denies giving him anything but loonies, but admits to paying him $140, which he says is all he owed,” Regehr said.
Larscheid claimed the bill was not legitimate, that the $140 was $40 for parts and $100 for labour.
After Penny began the tribunal claim, Larscheid dropped the motor at Penny’s home.
There was no written contract. Regehr said the two did not discuss the cost before Penny agreed to fix the motor.
“Mr. Larscheid says that they agreed he would pay Mr. Penny in cash and beer, but does not say how much cash or how much beer,” Regehr said. “He provided a statement from a witness who also said the agreement was for cash and beer, but the witness also does not say how much of either.”
Regehr found Penny was owed $100 for parts and $500 for labour.
“This means that after the partial payment, Mr. Larscheid owed Mr. Penny $460 for parts and labour,” Regehr said.
“Given Mr. Penny’s evidence that he sells motors for $1,200, and since he accepted delivery of the motor after Mr. Larscheid refused to pay, I find that he is not entitled to any further payment,” Regehr said. “This is because I find the value of the motor likely exceeds the $460 Mr. Larscheid owed him.”
Regehr dismissed the claim.
