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

MMFN First Nation has said that it will restrict access to portion of Highway 28 that passes through the Nation’s land until a road use agreement is reached. (Black Press file photo)
Vancouver Island First Nation blocks highway access to logging trucks in Gold River

Mowachaht/Muchalaht First Nation restricting access for Western Forest Products pending road deal

Campbell River Remembrance Day Ceremony 2019. Campbell River Mirror file photo
Campbell River Remembrance Day Ceremony to go ahead in reduced form

Public asked not to attend; event will be streamed on social media, Shaw TV

Father Charles Brandt, a hermit priest. File Photo
Black Creek environmentalist and Catholic priest-hermit Father Charles Brandt passes away

He devoted his life to protecting and preserving natural habitats

Two suspects seen outside of Gord Knight Auto on Oct. 27 at around 4:15 a.m. Campbell River RCMP are looking for information on these suspects’ identities. Photo supplied by RCMP
RCMP look for suspects in break-in cases

Two suspects caught on surveilance video

Campbell River RCMP. RCMP photo
Police investigation results in multiple property crime charges

A Campbell River RCMP investigation has lead to multiple property crime charges… Continue reading

Provincial health officer Dr. Bonnie Henry updates the COVID-19 situation, B.C. legislature, Oct. 26, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps by 287, another senior home outbreak

Two more deaths recorded, community outbreak in Okanagan

An untitled Emily Carr painting of Finlayson Point was donated to the Art Gallery of Greater Victoria by brothers Ian and Andrew Burchett. The painting had been in their family for several decades. (Courtesy of the Art Gallery of Greater Victoria)
Never before seen painting by famed B.C. artist Emily Carr gifted to Victoria gallery

Painting among several donated to Art Gallery of Greater Victoria

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
Rescued bald eagle that came to life in B.C. man’s car had lead poisoning

Bird is on medication and recovering in rehab centre

The B.C. Centre for Disease control is telling people to keep an eye out for the poisonous death cap mushroom, which thrives in fall weather conditions. (Paul Kroeger/BCCDC)
Highly poisonous death cap mushroom discovered in Comox

This marks first discovery on Vancouver Island outside Greater Victoria area

Janet Austin, lieutenant governor of B.C., was presented with the first poppy of the Royal Canadian Legion’s 2020 Poppy Campaign on Wednesday. (Kendra Crighton/News Staff)
PHOTOS: B.C. Lieutenant Governor receives first poppy to kick off 2020 campaign

Janet Austin ‘honour and a privileged’ to receive the poppy

Cowichan Search and Rescue set up near the Silver Bridge in Duncan on Wednesday morning, Oct. 28, 2020 to rescue a dog from the Cowichan River. (Citizen file)
Cowichan Search and Rescue save dog from icy Cowichan River

Search and Rescue’s swiftwater team was called in

Premier-elect John Horgan and cabinet ministers are sworn in for the first time at Government House in Victoria, July 18, 2017. (Arnold Lim/Black Press)
Pandemic payments have to wait for B.C. vote count, swearing-in

Small businesses advised to apply even if they don’t qualify

Most Read