A dispute that supposedly began with one Vancouver roommate putting kitchen stuff in another roommate's room ended with someone’s iPhone getting smashed, a new B.C. Civil Resolution Tribunal decision says.
Fayez Arheam and Anya Reveal Imo were roommates whose relationship went sour, tribunal vice-chair Andrea Ritchie said in her Oct. 24 decision.
She dismissed Arheam’s small claims action in which he sought $1,572 in compensation for his phone.
While Imo filed no counterclaim, he denied damaging Arheam’s phone and said Arheam damaged his phone.
The altercation
While preparing to move out, the pair had an altercation where Arheam placed various kitchen items in Imo’s room while he was out. Upon returning home, Imo moved the various items back to Arheam’s room.
Tensions escalated, Ritchie said.
Arheam said he started to film Imo when Imo took Arheam's iPhone and smashed it on the ground.
"In contrast, Mr. Imo says he 'waved' Mr. Arheam's hand out of his face. Mr. Imo says it was Mr. Arheam who then took Mr. Imo's phone, smashed it on the floor and threw it in the toilet," the tribunal decision says.
“Although Mr. Arheam says he was filming Mr. Imo’s behaviour, there is no video in evidence,” Ritchie said. “Mr. Imo denies damaging Mr. Arheam’s phone and says Mr. Arheam damaged his own phone himself.”
However, Arheam also denied damaging Imo’s phone and said Imo’s phone was damaged before the dispute.
Ritchie said Arheam didn’t establish Imo damaged his phone.
“I find this dispute amounts to a ‘he said, he said’ scenario that results in an evidentiary tie,” Ritchie said
As such, the tribunal dismissed the action.
