Précis: The plaintiff marina was given judgement for mooring charges owed despite some irregularities in its accounting.
Facts: The plaintiff, the owner and operator of a marina, entered into a moorage agreement with the defendant, the owner of a float home that was a registered vessel. The defendant failed to pay for moorage and related services and the plaintiff commenced this action. The defendant filed a defence alleging the plaintiff overcharged and misrepresented the charges.
Decision: Judgment for the plaintiff.
Held: Although the plaintiff was negligent in its invoicing procedures, which caused much confusion, it has established that the defendant is in arrears and is entitled to damages.