Kelowna boat rental company ordered to payback customer who hit dock

A Kelowna boat rental company has been ordered to pay back a customer who crashed a boat into its dock after a Tribunal found it had overcharged for the damage.

According to a June 3 BC Civil Resolution Tribunal, Inderjit Bhangoo rented a boat from Downtown Marina during the summer of 2024, but scratched and dented the boat when returning it to the dock.

The company charged Bhangoo $1,709 to repair the damage.

However, Bhangoo headed to the online small claims court to argue it was the marina’s fault the boat was damaged.

“(Bhangoo) alleges (Downtown Marina’s) dock was in such a state of disrepair that it constitutes negligence,” the decision reads.

Downtown Marina submitted a video of what took place, showing that staff had tried to show Bhangoo what to do, but he had overcorrected and drifted quickly toward the dock before hitting it. Two staff members had also run towards the boat and tried to brace it.

Bhangoo submitted photos of the dock to back up his claim that it was in a poor state, and that the dock’s bumper was defective. 

However, the Tribunal wasn’t convinced.

“Contrary to (his) assertion, the bumper is visually in good repair. It provides some cushion for approaching the dock less than perfectly. If anything, I find the bumper photos further reinforce the pilot’s negligence in approaching the dock too quickly,” the Tribunal said. “The bumper has no obvious deficiencies.”

The Tribunal pointed out that the company had five staff on the scene and two had responded quickly to try to prevent the damage.

“(Bhangoo’s) negligence in piloting the boat was such that even with help from alert staff, (he) damaged the boat,” the Tribunal ruled.

However, the Tribunal wasn’t sold on why it cost $1,700 to fix it.

The Marina submitted a quote from Martin Motor Sports, which estimated $1,709 to repair the damage.

However, the Marina failed to provide any proof that it had actually paid $1,709 to have the work done.

Bhangoo provided a quote from Martin Motor Sports, which estimated between $500 and $1,100. Another quote from Skaha Lake Marine Mechanical came in at just under $400.

“The first challenge for the (Marina) is… that I have no documents proving it paid the amount it says it does,” the Tribunal said. “Here, I am faced with significantly different repair estimates from the parties.”

The Tribunal said it was “curious” that the Marina hadn’t gotten more evidence from the shop that issued the quote.

“It would have been a straightforward matter to ask for additional evidence from Martin Motor Sports to explain the difference between its estimates to the parties. It did not,” the Tribunal said. “Similarly, I am surprised the Marina elected not to provide proof of payment of the total repair amount, which would confirm it did not overcharge… for the repair.”

The Tribunal said it inferred that the Marina hadn’t provided the evidence about whether it proceeded with the repair because it could harm its position.

The Tribunal found that a reasonable cost for the repair was $800.

“So, I find the Marina was entitled to keep $800 for the boat’s repair. It must refund Bhangoo the balance it kept for the repairs, which is $909,” the Tribunal said.

Including interest and fees, the Tribunal ordered the Downtown Marina to repay Bhangoo $1,016.