Comedian Garrett Clark has won a judgment through the Civil Resolution Tribunal for an incident in Abbotsford last summer that involved his cellphone being broken.

B.C. comic wins judgment after club owner slaps cellphone out of his hands

Incident happened last summer when Garrett Clark was performing in Abbotsford

A comedian whose cellphone was slapped out of his hand by an Abbotsford comedy club owner last summer has won a small-claims judgment.

Garrett Clark had sought $1,000 for his broken iPhone 6 but was awarded $400 by the Civil Resolution Tribunal (CRT) on Thursday.

CRT documents indicate that Clark was slated to perform on Aug. 9 and 10, along with two other comedians.

The documents do not name the comedy club, but an online search shows that Clark performed at Yuk Yuk’s in Abbotsford on those dates.

Normally, each comedian has a complimentary room at the hotel connected to the club, but when Clark arrived on Aug. 9, there were only two rooms available, the documents state.

Clark called his agent to ask about a third room, but his agent was unable to reach anyone.

The documents state that Clark then asked club owner Sarbjit Dosanjh if there was somewhere he could change before the show.

ALSO READ: Jerry Seinfeld and others talk about the worst times they bombed on stage

“He says the dialogue became frustrated. Using his iPhone, the applicant took a photo of the respondent so he could show his agent who was causing him ‘grief’ … He says the respondent said not to take photos of him,” they state.

Clark said Dosanjh then slapped Clark’s hands, causing the cellphone to go flying onto the stairs.

The phone could then no longer be unlocked, and the screen was obscured, according to the documents.

Clark used a friend’s cellphone to call police, but officers said they could not do anything because it was a civil matter and nobody was injured.

One of the other comedians who was scheduled to perform that night testified that they saw the entire exchange.

But Dosanjh denied slapping Clark’s phone, and said that Clark should not be believed because “he failed to bring his broken phone to management’s attention and the applicant performed the scheduled two nights in the club.”

Clark said he needed to perform both shows in order to be paid for the weekend.

Tribunal member Micah Carmody said he believed Clark over Dosanjh.

“I find it unlikely that the applicant would contact the police if his iPhone was not broken,” Carmody wrote in his decision.

Carmody said, because of the age of the phone and its unknown prior condition, he valued it at less than the $1,100 sought by Clark.


 

@VikkiHopes
vhopes@abbynews.com

Like us on Facebook and follow us on Twitter.

Law & Justice

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Saanich dog walkers react to potential review of bylaws allowing off-leash dogs on beaches

Focus should have remained on migratory birds, not on dog behaviour, says Cadboro Bay dog walker

UPDATED: Demonstrators plan to shut down Pat Bay Highway Wednesday afternoon

Adam Olsen, MLA, says issue should be taken to province, not communities

Council approve temporary storage to extend life of Oak Bay Fire Hall

It’s cute, it’s iconic, but the picturesque Oak Bay Fire Hall is… Continue reading

No dogs allowed off-leash at Luxton Fairgrounds in Langford

New sign placed by Metchosin Farmers Institute on Wednesday, Feb. 19

Scarlet fever reported at Victoria elementary school

Parents advised to look for symptoms of ‘strawberry tongue’ and rash

VIDEO: Feds warned agricultural sector near ‘tipping point’ due to blockades

Canadian Federation of Agriculture points to lack of propane and feed due to Coastal GasLink dispute

B.C. terminates contract with hospice society refusing assisted death

Delta Hospice Society loses hospital service fund of $1.5 million

Child in hospital following fatal crash that killed father, sibling on B.C. highway

The single vehicle crash occured near Kamloops on Highway 5A

‘Die!’: Vernon councillor mailed death threat

This story contains information that might be sensitive to some readers

Hidden message connects Castlegar homeowners decades apart

The Rodgers family was surprised when a message fell out of the walls as they were renovating

Two B.C. men plead guilty to bus-terminal assault of man with autism in Ontario

Parmvir Chahil and Jaspaul Uppal due to be sentenced in June for aggravated assault

B.C. Liberals call for assistance on soaring strata insurance rates

NDP’s Carole James says problem is across the country

‘Intemperate, insulting’: B.C. teacher reprimanded for online comments about religion

John William Yetman made the comments in response to a Facebook invitation to Open Mosque Day B.C.

Most Read