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

test tube with the blood test is on the table next to the documents. Positive test for coronavirus covid-19. The concept of fighting a dangerous Chinese disease.
Interior Health records third COVID-19 death

A new community outbreak was reported at Okanagan Men’s Centre in Lake Country

In past years, Summerland has launched the festive season with the annual Summerland Festival of Lights. This year, as a result of the COVID-19 pandemic, the festival has been cancelled. (Summerland Review file photo)
Festival of Lights cancelled in Summerland

Annual November event normally launches start of festive season

Decorate, dress up and eat candy. But consider staying home. Black Press photo
EDITORIAL: Think about staying home this Halloween

Like everything in 2020, it has to be different

BC Wildfire Services is planning a prescribed burn for several months for wildfire management near Naramata starting Nov. 2.
Planned burn near Naramata for wildfire management

Burn will start Nov. 2 and carry on until April 2021

Send your letter to the editor via email to news@summerlandreview.com. Please included your first and last name, address, and phone number.
LETTER: Thanks for help clearing driveway

Ice would have been difficult for Summerland resident to clear alone

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

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

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

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

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

In May 2019, Brennan Joel Metlewsky and Jordan Robert Kupser were charged with attempted murder, robbery and aggravated assault stemming from an incident that took place in Vernon in 2017. (Facebook photo)
Attempted murder charges dropped for pair accused in Vernon stabbing

Brennan Metlewsky and Jordan Kupser will appear in Supreme Court to set a new trial date

Eric Termuende and the Emily Dahl Foundation are presenting a virtual ‘fireside conversation’ on modern happiness from the stage of the Powerhouse Theatre in Vernon Nov. 3, 2020, at 7 p.m. (YouTube)
Mental health advocate joins happiness chat in North Okanagan

Versed public speaker teams up with Emily Dahl Foundation to equip virtual guests with tools to live a happier life

A boat moored at Turtle Bay Marina was reported stolen Oct. 1 and remains under investigation. (Contributed)
North Okanagan crimes remain unsolved

Boat stolen from marina, theft of siding and vehicle break and enter

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

Most Read