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On the balance of probabilities the Defendant and/or his crew failed to meet the required standard of care in re‑mooring the Claimant's vessel; the Defendant's contemporaneous text and call constitute admissions and weigh against his trial denial, entitling the Claimant to judgment for repair, haul‑out and transport costs in the amount awarded.
Source excerpt
A reference to the registrar over marina revenue and expenses resulted in reduced allowances for management and accounting, no electricity surcharge claim, and a global award for unrecorded moorage revenue.
Adjudicator held that MacNeil knew or ought to have known his relocated mooring ball created a foreseeable risk of his vessels impinging on the Club mooring field and failed to mitigate that risk; claimant was blameless; corporate defendant lacked the requisite knowledge and is not liable; judgment awarded against Daniel F. MacNeil for $2,637.69.
Source excerpt
The Supreme Court of Canada dismissed an appeal over a ship-sale commission, holding that the agent’s continuing, accepted services supported entitlement to commission.
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