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ARTICLE · 20 MAY 2017

Case Summary: Moray Channel Enterprises Ltd. v. Gordon, 2017 Fc 250

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In a case involving a moorage contract for a float home, the Federal court has held that regular late payments and outstanding debts warrant the sale of the vessel; spotty record keeping by the marina disallows it to receive costs on a solicitor-client basis.

CanadaTransport
Nils Goeteyn
Nils Goeteyn
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In a case involving a moorage contract for a float home, the Federal court has held that regular late payments and outstanding debts warrant the sale of the vessel; spotty record keeping by the marina disallows it to receive costs on a solicitor-client basis.

Moray Channel Enterprises Ltd, the owner of the Richmond Marina ("Marina") entered into a moorage agreement regarding Mr Gordon's ("Boat owner") float home, which is a registered vessel. Under the terms of the agreement, the Marina must provide moorage and certain ancillary services for a monthly fee; the Boat owner had to comply with the Marina community rules.

At various points in time, the Boat owner failed to pay the monthly fees. Under the marina rules, the Marina charged a number of monetary penalties, all of which remained unpaid and soured the relationship between the parties. The Marina also argued that the Boat owner failed to respect the marina rules. As of May 2015, the Boat owner simply stopped

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