Din v. Oliveira Funeral Services Ltd.
Yin Yin Hla Din
Law Firm / Organization
Unrepresented
Oliveira Funeral Services Ltd. dba Olivera Funeral Home
Law Firm / Organization
Syer Law
Lawyer(s)

Ashley Syer

Consumer Protection BC
Law Firm / Organization
Unrepresented
Laurie Hurtubise
Law Firm / Organization
Lindsay LLP
Lawyer(s)

Roger Tangry

Background: Yin Yin Hla Din, a self-represented plaintiff, sued Oliveira Funeral Services Ltd. and Laurie Hurtubise over funeral and embalming services provided for her deceased brother, Kyaw Naing Din, in August 2019. Din claimed the funeral home breached an agreement by applying makeup to the deceased’s face against her instructions and alleged negligence in their services.

Legal Arguments/Issues: Din argued the funeral home breached a contract by applying makeup to the deceased’s face before the family’s first viewing, supporting her claim with photographs. She also accused the defendants of negligence, asserting they failed to meet the required standard of care. The defendants contended the claims were meritless and sought special costs, arguing Din’s conduct during litigation was reprehensible. They also sought double costs, claiming Din unreasonably refused settlement offers.

Held: The court found Din's evidence insufficient to prove her claims but not entirely meritless. The breach of contract claim lacked evidence of the wound's condition upon arrival at the funeral home, and the negligence claim lacked expert evidence to establish the standard of care. The court denied special costs, ruling Din’s conduct did not meet the threshold of reprehensibility. However, it granted double costs, determining Din unreasonably refused a reasonable settlement offer made on October 10, 2023.

Costs/Damages Awarded: The court awarded each defendant party and party costs up to October 10, 2023, and double costs for litigation steps taken after that date. The exact amount was not specified.

Supreme Court of British Columbia
S239575
Civil litigation
Defendant