Mosquito Creek Marina v. Malecek, 2006 BCPC 139

In Docks Wharves and Marinas on (Updated )

In this matter the Defendant had moored her pleasure vessel at the Plaintiff’s marina for a number of years. During that time moorage was paid, sometimes in cash, to the marina’s bookkeeper. The bookkeeper had apparently not been recording all payments received and was fired. The new bookkeeper after reviewing the books determined the Defendant owed $15,000 in back moorage …

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Dryburgh v. Oak Bay Marina (1992) Ltd., 2001 FCT 671

In Docks Wharves and Marinas on (Updated )

This was an action for damages caused to a pleasure craft when docks at the Defendant marina broke apart during a severe wind storm. The claim was against the marina and its President. The Plaintiff alleged that the marina was poorly designed and constructed and that the President oversaw the design and construction. The Defendants argued that they were protected …

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LeCleir Bros. Contracting Ltd v. Canoe Cove Marina Ltd., 1999 CanLII 6199

In Docks Wharves and Marinas on (Updated )

This case concerned the interpretation of a marina moorage contract. The Plaintiff had moored his boat and boathouse at the Defendant marina for many years. The moorage agreement gave the Defendant the right the cancel the agreement and demand the immediate removal of the Plaintiff’s personal effects. It also provided for a right of renewal upon 30 days. The Defendant …

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Swinburne v. Dike, 1995 CanLII 2374

In Docks Wharves and Marinas on (Updated )

This was a summary judgment application by a group of small vessel owners against a marina for damage caused to their vessels when the marina broke apart during a severe storm. In defence of the claims the marina relied upon an exclusion clause in the moorage contracts that exempted it from liability for "loss of or damage to any property …

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