September 02, 2022 – 07:30
A British Columbia judge has ordered a disgruntled customer to pay the business owners $90,000 after leaving bad reviews and false information about the business online.
According to an August 25 B.C. Supreme Court ruling, Tyler Ginther’s critics of Moila and Brian Jenkins’ affairs said they were “fraudulent, cheating and deceptive” and accused their company of cheating on him. overcharged $7,000 and being a “scam”. They sued for defamation.
According to the decision, the Jenkins own Longhouse Specialty Forest Products and sold Ginther a variety of wood products in 2015 while he was building a home.
Ginther was unhappy with the products and turned to Google and Yelp to leave very poor reviews.
“Critics say the (Jenkins) are fraudulent and deceptive and ripped off Mr Ginther by charging him for a product he did not order and creating fake invoices to support their fraud,” the statement reads. decision.
In court, Ginther stuck to her story, saying the criticisms were all true.
However, the court disagreed.
The court’s decision requires a thorough history of correspondence between the two parties regarding the sale.
After dissecting several emails and text messages sent over several months between Ginther and the Jenkins discussing orders, costs and the wood products he wanted, the judge concluded that the criticisms were not true.
“These facts do not prove that Mr. and Mrs. Jenkins intended to charge Mr. Ginther $6,902 for cedar siding that they knew he had not ordered. At most, they prove that the plaintiffs mistakenly believed that Mr. Ginther wanted to order the cedar and charged him for it,” Judge Nitya Iyer said in the decision.
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The judge also punched holes in Ginther’s testimony in court.
“Mr. Ginther also testified that he had never received samples of cedar siding from (Jenkins). However, he had no explanation for the bill of lading produced by (Jenkins) which shows that a package weighing about four pounds was delivered to him by courier on the day Ms Jenkins told him the samples would be delivered,’ the judge said.
The judge ruled that Ginther was not a credible witness.
“The only evidence to support Mr. Ginther’s allegations of fraud is his own,” the judge said.
Ginther admitted in court that his intention was to harm the Jenkins business by publishing the reviews.
Ginther first posted a review on Google, then a few months later a much longer review on Yelp.
“The only reasonable explanation for his decision to publish the more detailed and damaging Yelp review two months later is that he wanted to do more to harm the (Jenkins) business,” the judge said.
The judge found that Ginther acted “maliciously” when he posted the Yelp review.
The Jenkins sought $325,000 in damages due to the effect the criticism had on their business.
However, Judge Iyer ruled that $90,000 was a fair amount and ordered Ginther to pay.
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