A Yukon judge has ordered Capital Towing Services Ltd. to pay half of the repair costs of a man’s vehicle and other expenses.

Deputy Judge Heino Lilles released his three-page written decision on Dec. 4. George Bahm had filed his claim against Capital in the Small Claims Court of Yukon.

Before getting to his reasons, Lilles touched on the facts of the case.

This litigation originated from an interaction between the two parties on May 11, 2018. Bahm arranged for Capital to work on his 1993 half-ton Toyota truck. The company was tasked with replacing the truck’s engine.

He agreed to pay Capital $3,161.31 for the work. This included $500 for a used engine, $2,124 in labour costs and $295.34 for parts.

The bill contained an $100 over-calculation, which was paid.

Capital completed the task, but Bahm noticed trouble with the vehicle just days after the repairs. The truck lost power as he drove it.

He called Capital and was told this could be either a result of oil burning off or antifreeze. He claims he was advised to drive the vehicle for a week to see how it performed.

Bahm continued to use the truck but the issue persisted to the point where the check-engine light was activated.

He contacted Capital a second time regarding the engine trouble. He claims he was told a mechanic was not available.

He continued to call Capital over a two-month period but still could not get his truck in.

Bahm threatened to take the truck to another mechanic if Capital would not do the repairs.

“The defendant (Capital) would not agree with this proposal and insisted on doing the repair himself,” Lilles said in the decision. “Yet he refused to or was unable to indicate a time when he could do the work.”

Bahm continued to call Capital, but could not get an appointment. His calls were frequent to the point where Capital refused to take any more.

“Understandably, words were spoken, tempers frayed and finally the defendant refused to take any more of the plaintiff’s calls,” Lilles said in the decision.

After the relations and communications stopped, Bahm received a quote from another mechanic. He took his truck to Mic Mac Toyota in May 2019.

It was determined that the truck needed a new knock sensor. This costs less than $300, but the engine had to be removed to install it.

This drove up the cost to $1,509.29.

Bahm paid for these repairs and is seeking some reimbursement from Capital.

Lilles ruled that Capital did not outright refuse to do the repair. He explained that the company only refused to take Bahm’s calls.

That said, he felt that refusing Bahm’s calls, the two-month delay and inability to give an appointment date ultimately resulted in Capital refusing to do the repairs.

The deputy judge felt Bahm’s decision to take his truck to Mic Mac was justified, but he still had some responsibility in this conflict.

Lilles explained that Bahm was “overly persistent” when calling Capital. He understood that Capital was annoyed with the number of calls. He acknowledged that both sides expressed anger and frustration and raised their voices before phone communication ceased.

“I have come to the conclusion that in all of the circumstances, both parties must equally share the blame for the breakdown in communication,” Lilles said in the decision.

He determined that the halt in communication caused Bahm to take the truck elsewhere for repairs. In that circumstance, he believed it was reasonable.

He ruled that Capital must pay $754.64 – half of the repair costs from Mic Mac – and the $100 overpayment.

He concluded by determining that each party must pay their own legal costs.