Riding the frosty avalanche of a recent dispute amongst snowboard enthusiasts, a ruling was made this week by the Civil Resolution Tribunal member, Micah Carmody, in the small claims tribunal of British Columbia. The ruling, in favor of Kevin William Snyder, resulted in a near $1,000 judgment.
Mr. Snyder, the applicant of the case, had pursued reimbursement from Tito Carmichael Quiachon for roughly $1,000 worth of snowboarding equipment he had procured last year. Quiachon, however, argued in the tribunal that the snowboarding gear, inclusive of a board, bindings, and pants, was gifted to him by Snyder.
Quiachon further pointed towards Snyder’s motive of retaliation, alleging that Snyder filed the claim after he declined to provide transportation to the mountain for their snowboarding adventures. The posted decision on Thursday, though, remained mum on where the duo indulged in snowboarding within the boundaries of British Columbia.
The facts underpinning the case were rather straightforward. The applicant and respondent, both friends at the time, were ardent snowboarding enthusiasts. Quiachon had the desire to snowboard but lacked the necessary gear, while Snyder had the gear, but lacked transportation. As a result, in November 2022, they went shopping together to acquire the requisite equipment, with Snyder footing the bill.
Quiachon provided his viewpoint to the tribunal stating that Snyder poshly flaunted his monetary capabilities during their shopping spree, as evidenced by phrases such as “I got you.” Nevertheless, the tribunal found these statements insufficient in establishing whether Snyder made the purchases as offerings or loans.
Presuming bargains over gifts, Carmody concluded that the evidence at hand did not clearly establish that Snyder intended those purchases as a gift to Quiachon. Text messages where Snyder agreed to provide $300 as a contribution towards the snowboarding gear were cited, given Quiachon would be driving them to the ski hill every weekend.
Snyder’s defense to his contribution exceeding $300 was that Quiachon had impending significant expenses and a paycheck on hold, but shied away from missing the snowboarding season. This stance further established the sentiment that Quiachon should reimburse the amounts to Snyder, with the tribunal finding that Quiachon understood that he was the final purchaser of the items.
The total purchase amount, inclusive of tax, summed up to $996.77. Nevertheless, an offset of $60 was decided, corresponding to the four instances Quiachon drove Snyder to the mountain before an interruption in their camaraderie. The final judgment amounted to $1,090.69, factoring in $28.92 as pre-judgment interest and an additional $125 for reimbursement of Snyder’s CRT fees.
