Designer jeans looked ‘clownish,’ B.C. tribunal finds, dismissing tailor’s claim

A stack of denim jeans is seen in this stock image. (shutterstock.com)

A B.C. tailor has lost his bid to make a former client pay for alterations to a $500 pair of jeans, with the province’s small claims tribunal agreeing with the client that the pants in question looked “clownish.”

Andy Yuen Design Inc. took customer Paul Tronsgard to the Civil Resolution Tribunal seeking $301.35 for time the company’s owner – Andy Yuen – spent consulting on and modifying the jeans.

In a decision on the case published Friday, tribunal vice chair Eric Regehr describes Tronsgard as a “loyal customer” of AYD, who had purchased jeans from the company in the past.

In July 2023, he placed a new order for two tailored shirts and a tailored pair of jeans. The jeans cost $505 plus tax, and AYD was supposed to use jeans it had made for Tronsgard in the past as a template, according to the decision.

“The jeans were ready in October 2023,” the decision reads. “Mr. Tronsgard tried them on at an Oct. 14 fitting. He was not pleased. He says AYD had used a ‘dress pant’ template rather than a ‘jeans’ template. As a result, Mr. Tronsgard said that the side and back pocket styles were wrong and there were too many belt loops. He also says the jeans did not fit.”

For its part, AYD told the tribunal the jeans met Tronsgard’s specifications, but it agreed to alter them for a fee.

Two more fittings were held, according to the decision, with Tronsgard leaving abruptly in the middle of the second. He told the tribunal he left because he had “lost faith in Mr. Yuen and was increasingly uncomfortable dealing with him.”

AYD brought its claim to the tribunal based on the contract it had with Tronsgard, which included the following phrase: “Alteration is not included for shirt and jeans.”

The question, according to Regehr, was whether the modifications Tronsgard sought after the initial delivery of the jeans qualified as “alterations.”

The tribunal member concluded that they did not, reasoning that an objective bystander would understand that a person purchasing tailored clothing is paying a premium to be able to choose fabric and style, and to ensure that the clothes fit their body.

“It runs against this purpose for the customer to pay for adjustments when the initial product does not meet these expectations,” the decision reads.

“I find that the term ‘alterations’ does not capture adjustments to ensure the correct style and a proper fit. Rather, I find that the term would apply if the customer wanted something changed from the initial design.”

The decision notes that Tronsgard provided photos comparing his previous AYD-made jeans with the most recent pair.

Regehr found the photos made it “obvious” that AYD had made “considerable mistakes” when making the new jeans.

Both the back and side pockets on the new pair were designed in a style “typical of dress pants” rather than jeans, according to the decision.

“While AYD says the new jeans met Mr. Tronsgard’s specifications, it does not specifically explain these issues,” the decision reads.

“As for the fit, I agree with Mr. Tronsgard that the new jeans have excess room around the hips and taper suddenly to a snugger fit on the thighs. Mr. Tronsgard describes the resulting look as ‘clownish,’ and I find that is an apt description.”

Regehr concluded that the changes to the jeans were not alterations under the parties’ contract, and that the contract said consultation fees were waived for customers who made a purchase, which Tronsgard had done.

Thus, the tribunal member dismissed AYD’s claims.