Zysman v. Sims
Jefferey Sims
Law Firm / Organization
Hutchison Oss-Cech Marlatt (HOM Law)
British Columbia Civil Resolutions Tribunal
Law Firm / Organization
Unrepresented
Maya Zysman
Law Firm / Organization
Self Represented

Background:
Maya Zysman, a resident of San Francisco, California, entered into a verbal contract with Jeffrey Sims, from Victoria, British Columbia, to care for his cat and houseplants while he was on vacation from August 24 to September 24, 2022. The arrangement fell apart when the cat became ill, leading to disagreements and Zysman’s eventual removal from the property by police on September 10, 2022.

Tribunal Decision:
Zysman filed a claim with the British Columbia Civil Resolution Tribunal (CRT) seeking $5,000 in damages, alleging that Sims breached their contract. Sims counterclaimed for $3,270, arguing that Zysman breached the contract by refusing to fulfill her duties.

The CRT dismissed Zysman’s claim and awarded Sims $3,134, covering the cost of hiring a replacement, changing locks, and other expenses.

Legal Issues:
Zysman sought judicial review, claiming the CRT's process was unfair and that she was wrongfully classified as an independent contractor rather than an employee or tenant. She also argued that Sims breached the contract by failing to disclose the cat’s illness and by evicting her.

Court's Decision:
The Supreme Court of British Columbia found no errors in the CRT's decision, concluding that Zysman was an independent contractor and that she had repudiated the contract. The court dismissed her petition and awarded Sims his costs.

Costs/Award:
Jeffrey Sims was awarded $3,134 by the CRT, plus additional costs following the dismissal of Zysman’s petition for judicial review.

Supreme Court of British Columbia
S240888
Civil litigation
$ 3,134
Respondent