A man ordered to pay a final $1,500 for a Harley Davidson motorcycle claimed he made a final payment of $2,000 which included $500 for eight cartons of cigarettes.
According to an April 15 Civil Resolution Tribunal decision, Robert Ireland sold a motorcycle to Donald Cyrenne.
Ireland claimed Cyrenne failed to make the final $1,500 payment. He sought an order from the tribunal for that amount.
Cyrenne, however, claimed he had already paid in full for the motorbike.
Tribunal vice-chair Eric Regehr said the pair agreed on a sale price of $7,500 with Cyrenne to pay in instalments between September and December 2023.
What the two did not agree on, Regehr said, was the details of the payment plan.
Regehr said Ireland provided an Aug. 31, 2023 email from the Cyrenne saying the latter agreed to pay $2,500 on Sept. 1, $2,000 Oct. 1 and Nov. 1, and $1,000 on Dec. 1.
Regehr said Cyrenne did not suggest the email was not authentic but said the agreement was for $2,500 on Aug. 31, $1,500 on Sept. 29 and Oct. 30, and $2,000 on Nov. 29.
Regehr said the two agreed Cyrenne paid $2,000 in cash on Aug. 28, 2023. They also agreed there were two payments by e-transfer: $1,500 on Oct. 28 and $2,500 on Nov. 29.
“The Nov. 29 e-transfer included a message that it was for the last motorbike payment and for eight cartons of cigarettes,” Regehr said. “(Cyrenne) says $2,000 of this last payment was for the motorbike, and the other $500 was for cigarettes.”
Regehr said Ireland agreed part of this payment was for cigarettes, although he said the cigarettes were $580.
Regehr said that, while Ireland had the overall burden to prove his claim, Cyrenne needed to prove he had made the cash payment.
“(Cyrenne) relies on a bank statement showing a $2,000 cash withdrawal on Sept.29. He says $1,500 of this was for the cash payment,” Regehr said. “I accept this is some evidence in support of the alleged payment. However, the fact that the withdrawal amount does not match the payment amount makes this evidence less persuasive.”
Further, Regehr said, Cyrenne did not explain the lack of a receipt. Ireland said he would have provided a receipt for an October payment.
“The existence of the first receipt suggests this is true,” Regehr said.
Regehr said Cyrenne’s explanation did not make sense.
“By their own evidence they only paid $7,000 towards the motorbike, which is $500 short,” Regehr said.
Regehr said it was impossible for him to know if Cyrenne had made the cash payment.
“I order the respondent to pay the applicant $1,500,” Regehr ruled.
