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

Advance polling saw nearly 10,000 votes cast in Vernon-Monashee. Pictured: Schubert Centre. (Jennifer Smith - Vernon Morning Star)
Almost 10,000 turn out to Vernon-Monashee advance polls

19 per cent of 52,479 registered voters have made their mark in B.C. election

Members of the Armstrong Lions Club have planted a red Canadian maple tree at Lions Park on Hunter Avenue as a show of tribute to their sister club in Banbridge, Northern Ireland. (Roger Knox - Morning Star)
Armstong Lions Club salutes sister club with tree

Red Canadian Maple planted in Lions Park pays tribute to Lions Club in Banbridge, Northern Ireland

The Community Foundation has teamed with the Canadian Mental Health Association and horse-assisted therapists to bring horse therapy to frontline worker battling the COVID-19 pandemic free of charge. (Contributed)
Okanagan organization says ‘thanks’ to COVID-19 frontline workers with complimentary horse therapy

Community Foundation teams with CMHA and equine therapists to offer unique mental health supports

COVID-19. (Courtesy of CDC).
Interior Health reports 12 additional COVID-19 cases

The total number of cases in the region is now at 644

Neil Fassina will become the new president of Okanagan College on April 1, 2021. (Contributed)
Okanagan College recruits new president

Current Athabasca University president Neil Fassina to replace Jim Hamilton on April 1, 2021

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. Provincial Health Officer Dr. Bonnie Henry. (B.C. Government photo)
Kelowna Francophone school COVID-19 outbreak climbs to 5, mixture of students and staff

Health officer says situation evolving, spoke to possible closure, changes to provincial guidelines

Actor Ryan Reynolds surprised a Shuswap family with a special birthday message to their son who was worried he’d be alone on his 9th birthday on Nov. 24. (Tiffanie Trudell/Facebook)
Ryan Reynolds text almost gives away Shuswap boy’s birthday surprise

Deadpool actor helps remind eight-year-old Canoe resident he’s not alone

Colin James put on a great show at the Comox Valley Exhibition Grounds as part of the 2019 Vancouver Island MusicFest. But his Okanagan tour for 2020 has been postponed until 2021. (Photo by Terry Farrell)
COVID-19 cancels Corb Lund’s Vernon, Penticton, Trail, Cranbrook concerts

The Contenders, Colin James and Lund postponed until 2021

RCMP detachments across B.C. are now flying Pride flags. (Submitted photo)
Man who spent 4 days injured on floor rescued by Kamloops Mountie

The man is recovering in hospital after being rescued by a police officer conducting a well-being check

Vancouver police reactivated the search for Jordan Naterer Thursday Oct. 22. Photo courtesy of VPD.
Mom of missing Manning Park hiker believes her son is waiting to come home

‘He’s going to come out of a helicopter and say ‘what took you so long?”

Environment Minister George Heyman, Premier John Horgan and Energy Minister Michelle Mungall announce that B.C. Hydro is proceeding with construction of the Site C dam, Dec. 11, 2017. (Tom Fletcher/Black Press)
Site C actions, costs won’t be known until after B.C. election, Horgan says

Peace River diverted for construction of reinforced dam base

Five people with alleged ties to the Red Scorpion Gang are facing numerous charges. (Kelowna RCMP)
5 men linked to Red Scorpion gang charged with gun, drug offences in Kelowna

Police seized a machine gun as well as 5.5 kilograms of fentanyl and carfentanil

Most Read