A Vancouver radio personality has lost his bid for $2,000 compensation for a cancelled wedding reception gig.
According to a from the Civil Resolution Tribunal, Byron James Elligott (dba DJ Byron James) said he was hired by Maddison Lavallee and Daniel Eliason to provide music services at their wedding.
The decision said Lavallee had contacted Elligott on June 27, 2023.
Elligott claimed the couple cancelled the contract and claimed $2,000 in damages for the fees he would have been paid.
The decision not to use Elliott’s services was made on July 11, 2023.
Lavallee said there was no contract between the parties, and that she owed Elligott anything.
Merchant said Elligott claimed a binding contract was created between the parties based on Facebook text messages.
“Those messages contain references to an email with additional information, as well as a formal contract that was emailed to Mrs. Lavallee but not signed,” Merchants said. “Neither the email with additional information nor the contract were submitted in evidence.”
Tribunal member Douglas Merchant said he had to decide whether a contract was formed only on the basis of the evidence before him, which was the text messages.
After reviewing various exchanges between Lavallee and Elligott, Merchant decided a contract existed. He said messages showed an “objective agreement on essential terms of the details of the service, date, time and cost.”
However, part of Merchant’s decision came down whether or not Elligott had done anything to mitigate his loss.
Lavallee said Elligott was in discussion with another couple who wanted to hire him for the same date.
“I find that Mr. Elligott was able to re-book another couple for the same date and the same rate,” Merchant wrote. “I find that Mr. Elligott was able to fully mitigate his loss.”
As such, the tribunal dismissed Elligott’s claim.
Elligott can be heard on Rock 101.
