A woman who sued a company after goods she ordered online were allegedly stolen from her front porch has lost her case after it was found she gave the business her old address.
B.C. Civil Resolution member Alison Wake said in her May 21 decision that Janeen Goligher ordered four light fixtures and bulbs from Huey Lightshop Inc. from the company’s website on Aug. 29, 2022.
“I agree with Huey’s submission that Mrs. Goligher could have informed it that she was moving before it shipped the order,” Wake said.
Huey shipped the order to Goligher on Jan. 8, 2023, and it was delivered on Jan. 16, 2023.
On Jan. 20, 2023, Goligher emailed Huey and said that she had come back from vacation to find that her order had been stolen from her front porch.
“She also said the delivery address was unoccupied at the time because she had moved,” Wake said.
Goligher asked the tribunal for $1,228 as a refund of the light fixtures’ purchase price, or an tribunal order that Huey replace the goods at no cost.
Goligher said Huey originally told her that the light fixtures had a six-to-eight-week lead time until delivery. The company said under its terms and conditions, its lead times are estimated, not guaranteed.
Huey said it was not responsible for the order being stolen because Goligher did not inform the company that her address had changed. Huey denied Goligher’s request for a refund or a replacement order.
“I agree with Huey’s submission that Mrs. Goligher could have informed it that she was moving before it shipped the order,” Wake said. “Instead, the first time Mrs. Goligher informed Huey that she was no longer living at the delivery address was in her January 20, 2023 email to Huey reporting that the order had been stolen.”
Wake dismissed Goligher’s claim.
