The Ocean Magic.

Image Credit: FACEBOOK: Prince of Whales Whale Watching

A BC whale-watching boat is on the hook for $600 after it caused a large wake which knocked a barbecue off a boat it was passing.

According to a Jul 28 BC Civil Resolution Tribunal decision, the barbecue's owner, Eric Ethier, took Prince of Whales whale watching to the online small claims court and argued for the company to cover the $500 cost of a new barbecue.

The decision says the incident happened when Ethier was boating in August 2022 in an area of inland waterways off the coast of Victoria.

Ethier says Prince of Whales boat Ocean Magic overtook his vessel from behind on his starboard side at close proximity.

"He says the wake created hit his vessel with enough force to knock him off course and pitched his barbecue and a fender overboard," the decision reads.

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The decision said in its defence, the whale-watching tour company argued the Ocean Magic vessel was not in the area at the time. It provided a log book dated September 23. Unfortunately, the company did not provide a log book for August 23 — the actual date of the incident.

The Tribunal pointed out that despite having the opportunity to do so, the company provided no written submissions as evidence apart from saying its boat wasn't in the area.

"I would have expected Prince of Whales to be able to provide some evidence of where its vessel was, if not where Mr. Ethier alleges," the Tribunal ruled.

Having ruled that Ocean Magic was responsible for knocking Ethier's barbecue into the ocean, the Tribunal then looked at whether the company had breached the applicable standard of care when overtaking Ethier’s boat.

The Tribunal then references the Canada Shipping Act.

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"The Collision Regulations states that in Canadian inland waterways, every vessel passing another vessel shall proceed with caution at a speed that will not adversely affect the vessel being passed," the Tribunal said. "I find Prince of Whales’ Ocean Magic overtook Mr. Ethier’s boat in a way that adversely affected Mr. Ethier, and caused his property damage. I find Prince of Whales’ actions fell below that of a competent seaperson."

Ultimately, the Tribunal ruled for Prince of Whales to pay $620 to Ethier to cover the cost of replacing the barbecue plus fees.

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