Woman takes legal fight to BC Ferries for $15K over lack of Wi-Fi
The director of a business based in Nanoose Bay claims that her company lost money due to unreliable service and a lack of Wi-Fi through BC Ferries.
In a dispute decision from the BC Civil Resolution Tribunal, FT claimed that her farm and stable business suffered losses due to the ferry service’s inability to provide reliable service.
In submissions, the applicant claimed $15,840 for the lack of reliable internet service, $5,000 for wasted time due to delays and cancelled ferries, and $6,600 for lost product sales. The total of those amounts was reduced to $5,000, which is the tribunal’s limit.
In defence, BC Ferries said it never breached the contract it had with FT and that the terms of service prevent this kind of legal action. BC Ferries also said that FT’s damages were not foreseeable.
In the applicant’s dispute notice, FT claimed $5,000 for a refund of all transportation costs she paid since May 1, 2020. The tribunal pointed out that in submissions, the applicant changed the basis of her claim.
“I note the applicants’ submissions are long, repetitive, and make many arguments about BC Ferries generally. I accept that the applicants are unhappy with BC Ferries’ service. However, I find addressing each individual argument, including those that do not relate to the applicants’ claimed damages, would be disproportionate to the amount claimed in this dispute,” the tribunal member overseeing the dispute said.
FT is the sole director of her business, which is located on Vancouver Island. FT herself lives in the Lower Mainland. The tribunal inferred that this meant FT had to make frequent trips between the island and the Lower Mainland.
A big part of FT’s argument was the lack of Wi-Fi on BC Ferries. BC Ferries began removing internet service from its vessels several years ago. While many BC Ferries terminals still have it, none of its ships do.
FT argued that because other transportation providers offer Wi-Fi, BC Ferries should too.
“[FT] says she is unable to work while she is on the ferry because BC Ferries does not provide Wi-Fi service on its vessels. [FT] says because other ferries and airlines provide Wi-Fi service, BC Ferries should as well. Based on a calculated $96 hourly wage and two trips per month over 33 months, [FT] says this loss is $15,840.”
The tribunal dismissed her claim about the Wi-Fi because, while it may be inconvenient, there’s no legal basis for BC Ferries to provide it. The tribunal dismissed FT’s other claims due to a lack of substantial evidence and BC Ferries’ terms and conditions.