A B.C. real estate firm was on the receiving end of a legal fight from an ex-employee who believed he was owed some money.
The applicant filed a claim with the BC Civil Resolution Tribunal against his former employer and the respondent in the dispute, West Coast Realty.
According to the applicant, West Coast Realty improperly deducted expenses from his commission from a sale that closed after he resigned.
He claimed $2,138.52 in total.
In response, West Coast Realty said the expenses were rightfully deducted and said the former employee was not entitled to further payment.
According to the dispute, the applicant was a realtor and former managing broker for the real estate agency. He resigned in February 2022 and initiated two provincial court claims against the agency in relation to his employment.
In May 2023, West Coast Realty’s lawyer proposed an offer to settle one of the provincial court claims. In a letter related to that situation, it was confirmed that West Coast Realty owed the applicant $5,114.04 in commission for a property on Johnston Road.
“West Coast acknowledges that, in addition to its deal fee, it withheld a further $2,132.58 from Mr. Sinnott’s commission for the sale. West Coast says that this was for expenses incurred,” the decision states.
West Coast Realty said the expenses were related to the applicant’s company, called BCARE.
“I note that there is no evidence before me about whether BCARE is an incorporated company or a sole proprietorship,” the tribunal said.
“However, I find that in either case, West Coast was not entitled to withhold BCARE’s expenses,” it added.
Ultimately, the tribunal agreed with the applicant and determined that West Coast Realty was not entitled to deduct expenses from the applicant’s commissions and ordered the agency to pay the applicant $2,369.91, which included the unpaid debt and the rest in tribunal fees.