Couple still has to pay for DJ after wedding cancelled due to COVID-19, tribunal rules

A B.C. couple who had to cancel a March wedding with 450 guests due to COVID-19 will not be getting back the $1,750 non-refundable deposit they paid for a DJ.

A recent decision from the B.C. Civil Resolution Tribunal details the dispute between Harroop Bal and Infinite Sound and Lighting caused by pandemic health regulations that ban gatherings of more than 50 people in B.C.

According to the decision, Bal and her fiance had hired the company to provide $3,500 worth of DJ and a variety of other services for their March 29 wedding. The couple cancelled the event on March 11, past the date they could have received a partial refund for the deposit. 

The company argued that the work it already performed in anticipation of the event accounted for more than the deposit. 

"Although the government restrictions on gatherings of more than 50 people limited Ms. Bal's intended reception attendance, this does not render the parties' contract impossible," tribunal member Andrea Ritchie wrote in her decision. 

No 'force majeure'

Ritchie pointed out the company offered to reschedule the services within 18 months or offer services for a smaller event, but Bal refused. She also noted the company had argued that it had already completed some of the work by time the event was cancelled. 

Neither Bal nor the company responded to requests for comment. 

The service contract didn't contain a "force majeure" clause, Ritchie noted, which would have added provisions in case of events beyond either party's control like a flood, fire or pandemic. 

Dana Gordon, owner of Benchmark Law Corporation, says it's fairly common for small businesses to not include a force majeure clause, or to not include a pandemic as the list of conditions that could cancel an event — something many of them are now reconsidering. 

"We were contacted by a lot of small business owners saying, 'You know, I never thought about this,' " Gordon said, adding many of those inquiries came from the wedding sector. 

Many offer refunds anyway

Many small businesses, especially those that cater to weddings, offered their clients refunds or substitutes anyway, Gordon says, even though by law they didn't have to. 

Trish Connolly, co-owner of Frostbite Custom Cupcakes, Cookies and Cakes in Delta, B.C., says she offered all her clients refunds on their deposits or reduced the order to fit a smaller wedding. 

"We never thought of not offering deposits back, even when we had to take the hit on some close cancellations," Connolly said via Facebook Messenger. 

She says it was a matter of principle. 

"These couples' biggest day has been turned upside down. As vendors it's our job to help them any way we can," she said.

Other vendors that contacted CBC News similarly said they offered to refund or reschedule services for their customers even if they didn't have to. 

'Frustrated' contracts

Lawyer Gordon says another avenue that's often explored under these circumstances is the concept of "frustration," whereby a contract cannot be completed because of factors beyond either party's control. 

But Gordon says frustration can be hard to prove because the contract must be impossible to fulfil. 

In this case, as the tribunal member noted, the company offered to reschedule or alter the service, but the client refused. 

"The unfortunate thing ... is a contract is a contract, and if they signed it and there was no force majeure and it doesn't fall under frustration, they might be out of luck," Gordon said.