Précis: The plaintiff was awarded berthage costs and the costs of cleanup, security and maintenance of the defendant ship.
Full SummaryMoray Channel Enterprises Ltd. v. Gordon, 2017 FC 250
Précis: The plaintiff marina was given judgement for mooring charges owed despite some irregularities in its accounting.
Full SummaryMosquito Creek Marina v. Malecek, 2006 BCPC 139
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 …
Full SummaryDryburgh v. Oak Bay Marina (1992) Ltd., 2001 FCT 671
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 …
Full SummaryLeCleir Bros. Contracting Ltd v. Canoe Cove Marina Ltd., 1999 CanLII 6199
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 …
Full SummarySwinburne v. Dike, 1995 CanLII 2374
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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