Surrey man who dropped his bass in a salon window loses lawsuit, as judge rules he escalated the incident and failed to prove defamation or damages.
Surrey Man’s Lawsuit Fails After Bass-Smashing Salon Incident
A Surrey musician who tried to sue a New Westminster salon over a window mishap and online posts has had his case dismissed. The bizarre chain of events began when a 21-pound bass tumbled into a salon window, sparking a heated confrontation.
Justice Tina Dion of the B.C. Supreme Court ruled against James Owen Kovach-Durham, saying he “had not properly set out the legal basis for the relief sought.”
What Happened Outside the Salon
The incident occurred on October 29, 2022. Kovach-Durham, 39, disabled, and wearing a knee brace, stood at a bus stop outside Amin Hair & Beauty Studio and Barbershop. While adjusting his clothing, he accidentally dropped his large bass, shattering a window.
CCTV footage captured the incident (without audio). According to court records, Kovach-Durham waved to those inside, and salon owner Daniel Kofi Ampong came out, questioning him about the broken window. Kovach-Durham apologized and tried to show the window wasn’t completely damaged.
Things escalated when an employee, Junior, approached him aggressively. Ampong intervened to keep the situation under control. “Others came out of the shop to calm the situation,” the judge noted.
Social Media Sparks Defamation Claim
Later that evening, Kovach-Durham posted on Facebook about the incident, alleging Ampong responded untruthfully. He then filed a defamation lawsuit against Ampong.
Justice Dion concluded that Ampong’s statements were true and did not damage his reputation. She even suggested that if anyone had a valid defamation claim, it would be Ampong against Kovach-Durham for his posts attacking the salon and staff.
Court Finds Plaintiff Escalated the Conflict
The judge highlighted that Kovach-Durham’s own actions fueled the chaos. He insulted Junior, swore, and provoked him, prompting the employee to lunge in response. The court found Kovach-Durham’s testimony exaggerated the events, while Ampong’s account matched the CCTV footage.
“From the outset, the plaintiff was the aggressor,” Dion wrote. “He needlessly escalated the situation. He was untruthful and exaggerated his evidence. There is no evidence that the incident caused him any damage.”
Case Closed
After reviewing the evidence, the court dismissed all claims. Kovach-Durham walked away empty-handed, with the ruling making it clear that being armed with a bass and a social media account is no substitute for proper legal grounding.
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