BC Ferries won’t have to compensate a Nanoose Bay farm for late sailings and shoddy wi-fi, small claims court has ruled.
According to a B.C. Civil Resolution Tribunal filing, Francine Tracey, director of Ellesmere Farm Corporation, sought damages for “lack of internet … wasted time … and lost produce sales.” A decision on the case came down Monday, Nov. 3, from adjudicator Amanda Binnie.
While the applicant, in the dispute notice, sought a $5,000 refund for costs incurred since May 2020, subsequent filings amended the damages to $15,840 for lack of reliable internet, $5,000 for time wasted time due to ferry cancellations and late ferries, and $6,600 for lost produce sales. That total decreased to $5,000 to meet the financial threshold for small claims.
Since other transportation operators offer wireless internet, BC Ferries should too, claimed the applicant. However, the adjudicator agreed with BC Ferries that it doesn’t “make any representations or warranties about having wi-fi service” and the applicant did not provide “legal basis” that B.C. Ferries should provide wi-fi.
The applicant referenced the Coastal Ferry Services Contract and the Coastal Ferry Act, stating BC Ferries cannot reduce service unless given the go-ahead from the ferry commissioner, but BC Ferries noted that the contract is between the ferry service and the B.C. government, and the adjudicator agreed.
“The conditions of carriage contains a term that removes BC Ferries’ responsibility for any loss, damage, or inconvenience from late, delayed, or cancelled ferries,” the ruling stated.
Insufficient evidence was the reason given for dismissing the claim for lost revenue.
“Even if BC Ferries were liable for damages … EFC provided very limited evidence about how it calculated the [$6,600] in lost produce. It provided no evidence of … efforts to sell locally, or evidence of [business] connections in the Lower Mainland,” the adjudicator said.