A small claims decision regarding the actions of a boat owner whose boat was moored at Captain’s Cove marina during a fire on July 27, 2020, favoured the boat owner. (David Konynenbelt photo)

A small claims decision regarding the actions of a boat owner whose boat was moored at Captain’s Cove marina during a fire on July 27, 2020, favoured the boat owner. (David Konynenbelt photo)

Boat owner victorious in claim centered around marina fire in the Shuswap

Small claims decision stated Captain’s Cove marina near Canoe did not provide evidence of allegations

A small-claims tribunal has ruled in favour of a boat owner whose moorage contract was terminated by a Shuswap marina for his alleged actions during a fire.

On Feb. 18, 2021 in a B.C. Civil Resolution Tribunal, the tribunal member ruled that Captain’s Cove Marina, located near Canoe, had not proven that boat owner Philip Briddon had breached the parties’ contract.

According to court documents, Captain’s Cove alleged Briddon interfered with efforts of emergency personnel and marina staff who were responding to an explosion and fire at the marina on July 27, 2020. Captain’s Cove claimed Briddon ignored the presence of ambulances, fire trucks, flames and a ‘closed’ sign on its gate. The detail provided by Captain’s Cove about the interference was that Briddon repeatedly asked when he could retrieve his boat.

Briddon had moored his boat at Captain’s Cove for approximately 15 years before 2020.

Read more: One person injured in explosion at Salmon Arm marina

Read more: Salmon Arm Council approves budget increase for major Canoe Water main project

Briddon denied the allegations, saying he did not approach anyone during the fire and, when asked to leave, he did so, staying no more than three to four minutes.

One of the terms he allegedly breached was complying with all rules established and not engaging in ‘immoral or illegal activities at the marina.’

Other terms were that the moorage agreement could be cancelled within 10 days at the discretion of management, and all amounts paid were non-refundable after they had been received by the marina.

Briddon said he paid for one year of moorage, but was told to remove his boat after four months, just two days after the fire. While he wanted a full refund of the moorage fees he paid, approximately $3,200, Captain’s Cove counter-claimed that he owed outstanding moorage fees of about $2,600, a summer storage fee, an emergency interruption fee and a summer service fee for a total of approximately $3,500.

The tribunal ordered Captain’s Cove to pay Briddon the eight months of lost moorage services, totalling about $2,200, plus $175 in tribunal fees.


marthawickett@saobserver.net
Like us on Facebook and follow us on Twitter

CourtfireShuswap Lake

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Township of Spallumcheen collected an honourable mention in the 2020 UBCM Community Excellence Awards for its sustainable service delivery and water improvment district conversion plan. (Photo submitted)
Spallumcheen water district conversion plan gets recognition

Township collects UBCM Community Excellence Award honourable mention

Spallumcheen councillors (from left) Todd York, Gerry Popoff, Christine LeMaire, John Bakker, Joe Van Tienhoven and Andrew Casson join Mayor Christine Fraser (fourth from left) in helping to proclaim the township open for business with new signage off Highway 97A. (Township of Spallumcheen photo)
Being open for business paying dividends for Spallumcheen

Township wins provincial award, new business and building starts increase

John Pavelich’s 83rd birthday had an added surprise; members of Enderby City Council came by his residence to present him with a Lifetime Civic Merit award Saturday, May 8, 2021. (Contributed)
Enderby resident unwraps Lifetime Civic Merit award on 83rd birthday

John ‘JP’ Pavelich has been a pillar of volunteerism in Enderby since 1967

Nuns of Mother Teresa’s Missionaries of Charity, carry some of her relics during a vigil of prayer in preparation for the canonization of Mother Teresa in the St. John in Latheran Basilica at the Vatican, Friday, Sept. 2, 2016. In which city did she do much of her charitable work? (AP Photo/Gregorio Borgia)
QUIZ: How much do you know about these motherhood issues?

In honour of Mother’s Day, take this 10-question quiz

Five properties have been added to the Lake Country fire protection zone, after council moved to expand the local service area Tuesday, May 4, 2021. (Google Maps)
Lake Country expands fire protection zone, covering 5 exposed properties

The properties petitioned to join the local service area after being left out ‘for reasons unknown’

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

RCMP are looking for information on an alleged shooting attempt near an elementary school in Smithers March 10. (Phil McLachlan/Capital News/Stock)
UPDATE: Man killed in brazen daylight shooting at Vancouver airport

Details about the police incident are still unknown

The Oliver Fire Department had to put out a fire on their own training ground, and it wasn’t one they set. (Facebook)
Vehicles torched at Oliver Fire Department training grounds

This suspected arson comes after the cars were vandalized earlier and suspicious fire the night before

Tavis Stevenson, son of Pam and Bruce Stevenson, founders of The Book Shop on Main St, is the creator of the whimsical animal farm carts seen above The Book Shop. He also painted the book mural in the back alley behind the shop. (Monique Tamminga Western News)
The Book Shop in downtown Penticton is one of those rare gems

The Book Shop, like so many businesses, is wanting to turn the page to the end of this pandemic

Pieces of nephrite jade are shown at a mine site in northwestern B.C. in July 2019. THE CANADIAN PRESS/HO-Tahltan Central Government MANDATORY CREDIT
Indigenous nation opposes jade mining in northwestern B.C.

B.C.’s Mines Act requires operators to prepare a plan to protect cultural heritage resources

Salmon Arm Silverbacks forward Mathieu Bourgault (13) tries unsuccessfully to deflect past West Kelowna goalie Johnny Derrick during the Warriors’ come-from-behind 7-6 BC Hockey Leaguje pod shootout victory Saturday, May 8, at Vernon’s Kal Tire Place. (Tami Quan Photography)
West Kelowna Warriors rally to edge Salmon Arm in shootout

Warriors overcome three significant deficits to post 7-6 BCHL pod win in Vernon; Silverbacks finish pod 9-7-2-2

The body of Brenda Ware, 35, was found along Highway 93 in Kootenay National Park on Thursday, May 6, 2021. (RCMP handout)
RCMP ask for tips after woman’s body found in Kootenay National Park

Brenda Ware was found along Highway 93 in the park, 54 kilometres north of the town of Radium

People pass the red hearts on the COVID-19 Memorial Wall mourning those who have died, opposite the Houses of Parliament on the Embankment in London, Wednesday, April 7, 2021. On May 3, the British government announced that only one person had died of COVID-19 in the previous 24 hours. THE CANADIAN PRESS/AP-Kirsty Wigglesworth
For a view of a COVID-19 future, Canadians should look across the pond

Britain, like Canada, is one of the only countries in the world to delay second doses for several months

Most Read