BC Court Finds Ballet Lessons Via Zoom Not Reason For Reimbursement | iINFOnews


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November 28, 2021 – 8:29 AM

British Columbia woman lost case in small claims court after ruling she was not entitled to reimbursement for her daughter’s ballet lessons, even though the pandemic meant classes were obligated to take place on Zoom.

Melanie Simpson has argued that she should be reimbursed for the two months that her daughter’s ballet lessons were scheduled to go online due to the pandemic, according to a Nov. 24 ruling from Colombia’s Civil Resolution Court. British.

The ruling says Simpson paid Carolyn Ann Seary, owner of WestCoast Ballet in North Vancouver, $ 3,625 for ballet lessons and a uniform that included three lessons per week from September 2019 to June 2020.

When COVID hit in March 2020, classes were forced to go live and took place on Zoom.

About a month later, Simpson requested a refund because his daughter was not doing well with the online classes.

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As in-person classes resumed in May, the dance school offered one-to-one in-person lessons with COVID-19 safety protocols, although for several reasons Simpson’s daughter did not attend.

The dance school then offered a 50 percent discount on a future summer camp valued at $ 375, then offered a cash refund of $ 200.

Dissatisfied with the amount offered, Simpson then took the ballet school to small claims court, arguing that she had broken her contract by not offering a ballet class in person.

However, the Tribunal did not see it that way.

“I find that the parties’ contract did not specifically indicate that the courses would be given in person, and I find that the contract did not prevent the organization of online courses,” the Tribunal ruled.

The Tribunal continued that the contract was not made impossible by “an event that its parties did not reasonably foresee” such as COVID-19.

“It is not enough that the unforeseen event causes hardship, inconvenience or material loss. There must be a radical change in the nature of a fundamental contractual obligation which makes the contract impossible to perform, ”the Tribunal ruled.

“While the online courses may not have been ideal, especially given the young age of the applicant’s daughter, I find the contract not impossible to perform as the courses continued throughout. throughout the disputed period, ”says the decision.

The court, however, ordered the ballet school to pay a partial refund, as the online classes were shorter than the in-person classes.

The court ruled that WestCoast Ballet provided 30 minutes less per week for two and a half months.

In the end, the court ordered the dance school to pay Simpson $ 125 for the reduced classes, not the $ 1,683 she had claimed.

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