A Vancouver Island farm’s attempt to collect financial damages from BC Ferries over unreliable service and a lack of Wi-Fi has been dismissed
In a decision issued November 3rd by the province’s Civil Resolution Tribunal (CRT), tribunal member Amanda Binnie ruled that Ellesmere Farm Corporation (EFC) and its director, Francine Tracey, were not entitled to compensation for alleged losses tied to ferry cancellations, delays, and missing internet access on vessels.
Tracey, who operates EFC on Vancouver Island and lives part-time on the Lower Mainland, argued that unreliable ferry service had caused her to lose business opportunities and waste personal time.
She also claimed she couldn’t perform her other work as a mortgage broker and real estate agent during sailings due to the lack of onboard Wi-Fi.
Her claim sought $5,000 in damages, the maximum allowed under the CRT’s small claims limit, citing an alleged $15,840 loss in productivity, $5,000 worth of wasted time, and $6,600 in lost produce sales.
BC Ferries denied the claims, arguing it had not breached any contract and that its terms of service exempt it from liability for delays or cancellations.
The tribunal agreed with BC Ferries, finding no legal basis requiring the company to provide Wi-Fi service and confirming that passengers agree to the company’s terms and conditions — including a clause stating BC Ferries is not liable for inconvenience caused by late or cancelled sailings.
While Binnie acknowledged Tracey’s frustration with service interruptions, she found that BC Ferries’ conditions of carriage clearly prevent such claims.
“While Wi-Fi service may be a convenience to passengers, Ms. Tracey does not point to any legal basis requiring BC Ferries to provide it,” Binnie wrote.
The tribunal also dismissed Tracey’s argument that BC Ferries violated her constitutional mobility rights, saying the CRT has no jurisdiction over constitutional matters.
Ellesmere Farm’s claim of $6,600 in lost produce sales was also rejected, with the tribunal noting the company provided “very limited evidence” of how that number was calculated or what efforts were made to sell products locally.
In the end, all claims were dismissed, with Binnie finding that BC Ferries’ conditions of carriage which customers agree to when purchasing tickets shield the company from liability for service disruptions.
