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

Chilliwack hospital offers thank-you message to community

Chilliwack health-care workers say they have heard everyone’s support throughout COVID-19 pandemic

What would you like to ask Hope’s Mayor on COVID-19?

Send us your questions, ahead of a conversation with Peter Robb

B.C. firefighters only responding to most life-threatening calls during COVID-19 pandemic

The directive comes after province spoke with paramedics, fire services, according to top doctor

‘An extra $220 every 90 days’: B.C. patients pay more dispensing fees due to prescription limits

Kelowna woman says it’s outrageous to charge for refills every 30 days

‘It’s frightening’: Hemlock Valley trucker on being on the road during COVID-19

Armed with a keychain-sized hand sanitizer, trucker Brennan Bateman set out for the United States

COVID-19: 4 new deaths, 25 new cases but only in Vancouver Coastal, Fraser Health

A total of 1,291 people have tested positive for the novel coronavirus

COVID-19: Don’t get away for Easter weekend, Dr. Bonnie Henry warns

John Horgan, Adrian Dix call 130 faith leaders as holidays approach

COVID-19: Trudeau says 30K ventilators on the way; 3.6M Canadians claim benefits

Canada has seen more than 17,000 cases and at least 345 deaths due to COVID-19

RCMP call on kids to name latest foal recruits

The baby horses names are to start with the letter ‘S’

As Canadians return home amid pandemic, border crossings dip to just 5% of usual traffic

Non-commercial land crossing dipped by 95%, air travel dropped by 96 per cent, according to the CBSA

Logan Boulet Effect: Green Shirt Day calls on Canadians to become organ donors

While social distancing, the day also honours the 16 lives lost in the 2018 Humboldt Broncos Crash

COMMENTARY: Knowing where COVID-19 cases are does not protect you

Dr. Bonnie Henry explains why B.C. withholds community names

B.C. wide burning restrictions come into effect April 16

‘Larger open burns pose an unnecessary risk and could detract from wildfire detection’

Most Read