BC Ferries won’t pay damages to a Vancouver Island farm after a tribunal ruled ferry delays and unreliable wi-fi are not guaranteed services.
BC Ferry Service Complaints Lead to Tribunal Review
A small claims dispute between a Vancouver Island farm and BC Ferries has ended with no compensation awarded, following a ruling released Monday, Nov. 3. The case involved Ellesmere Farm Corporation, based in Nanoose Bay, and its director, Francine Tracey, who argued that ferry delays and poor wi-fi had caused financial losses.
Claims of Lost Sales and Wasted Time
Tracey sought damages for what she described as “lack of internet, wasted time, and lost produce sales” connected to frequent ferry delays and unreliable onboard wi-fi. While the original claim sought $5,000 for costs dating back to May 2020, later filings raised the requested amount to more than $27,000. The total was eventually lowered back to $5,000 to meet small claims limits.
Expectations Versus Service Guarantees
The applicant argued that BC Ferries should provide reliable internet because other transportation services do. However, the adjudicator agreed with BC Ferries’ position that it does not promise wi-fi availability. The tribunal found no legal requirement for BC Ferries to guarantee wireless connectivity on its vessels.
Contract Interpretation Dispute
Tracey referenced the Coastal Ferry Services Contract and Coastal Ferry Act, claiming that BC Ferries is not allowed to reduce service without approval. BC Ferries responded that the contract applies between the company and the provincial government—not customers. The adjudicator upheld this interpretation, noting the company’s terms of carriage clearly state it is not liable for delays or cancellations.
Insufficient Proof of Financial Losses
The tribunal also dismissed the claim for lost produce sales due to limited evidence. The adjudicator wrote that Ellesmere Farm provided no documentation showing how losses were calculated or whether alternative local sales channels were attempted. Without proof of measurable loss, the tribunal ruled compensation was not justified.
Ruling Ends Case Without Compensation
With the dismissal, Ellesmere Farm will not receive any reimbursement from BC Ferries. The decision underscores that ferry delays and lack of wi-fi fall outside the service guarantees passengers can expect. BC Ferries has not indicated any plans to upgrade or guarantee onboard internet access as a result of the case.
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