A Victoria-area boater is owed a new barbecue and inflatable fender after a whale-watching vessel damaged the old ones by improperly speeding past the vessel, causing it to tip, the B.C. Civil Resolution Tribunal ruled July 28.
Boater Eric Ethier took Prince of Whales Holdings Ltd. to the tribunal after the company declined to reimburse him for his damaged objects. The company was not grilled by the tribunal, as it made no submissions to it other than to say its boat was not in the area at the disputed time on Aug. 23, 2022.
As such, Ethier’s account was considered proven.
“He says the wake created hit his vessel with enough force to knock him off course and pitched his barbecue and a fender overboard,” stated tribunal member Andrea Ritchie,
“I find Prince of Whales’ actions fell below that of a competent seaperson,” stated Ritchie, who ordered the company to pay Ethier $480.46 and the $125 tribunal fee.
