BC Ferries not responsible for damaged motorcycle, tribunal rules

A BC Ferries vessel is seen arriving at Horseshoe Bay near West Vancouver on March 16, 2020. (Jonathan Hayward / THE CANADIAN PRESS)

British Columbia's small claims tribunal has ruled that BC Ferries is not on the hook for damages after a motorcycle fell onto its side while aboard a moving vessel.

Claiming negligence on the part of the ferry service, Toshman Mah sought $3,000 in a case that was heard by B.C.'s Civil Resolution Tribunal.

During a trip last May, Mah drove his motorcycle onto a ferry and parked it where BC Ferries staff instructed him to. The man told the tribunal that staff then told him to head upstairs to the passenger area.

One hour into the sailing, the motorcycle fell over, as evidenced by surveillance video reviewed by tribunal member Kristin Gardner, whose decision on the claim was delivered Wednesday.

Mah says the fall caused significant damage to the motorcycle, arguing the ferry service owed him a duty of care to ensure his vehicle was properly secured during the sailing.

BC Ferries told the tribunal it was not responsible for ensuring passengers' motorcycles are properly secured, pointing out that there are signs on its vessels stating that riders must park and secure their motorcycles "entirely at their own risk."

The ferry operator provided a photo of one such sign to the tribunal. The sign includes instructions stating that motorcycles should be parked on a 45-degree angle to the vessel's centre line, left in low gear on a side stand, and the wheels chocked with the wooden blocks provided.

"A photo shows the sign posted on the wall near a parking zone specifically designated for motorcycles, with several wooden blocks nearby on the deck," Gardner wrote. "However, it is undisputed that BC Ferries staff instructed Mr. Mah to park his motorcycle in a different area used for non-standard sized vehicles, which BC Ferries says is commonly used for motorcycles, particularly when the motorcycle zone is full."

Responsibility 'should have been obvious'

For his part, Mah says he did not see the instructional signs and was not provided blocks by ferry staff, which the presiding tribunal member found was "possible" given where ferry staff instructed him to park.

"Nevertheless, I agree with BC Ferries that Mr. Mah should have known he was responsible for ensuring his motorcycle was properly secured," Gardner wrote. "I accept BC Ferries' evidence that there may be hundreds of vehicles and thousands of passengers on major sailings, and that its staff members are responsible for numerous safety departure tasks. I find it would be evident to any ferry passenger that staff would not be able to inspect every vehicle to ensure they are properly parked and secured."

The tribunal found it "should have been obvious" to Mah that he was "on a moving vessel, subject to turns, potential bumps when leaving and arriving at the dock, and rough waters," Gardner wrote.

Evidence of damage

Furthermore, Mah provided no evidence to support his claim that the bike incurred $3,000 in damages, according to the tribunal.

Instead, the motorcycle owner provided "various photos of his motorcycle lying on its side on the ferry," as well as photos of scratches on the fenders, taillight and handlebars, according to the decision.

Nor did he provide evidence showing that the damage was fixed or a quote was obtained for the repairs.

"I find Mr. Mah’s bare submission that his motorcycle sustained $3,000 in damage is insufficient to make any findings about how much the damage is worth," Gardner wrote.

"Even if Mr. Mah had proved BC Ferries was negligent, I would have dismissed his claim," she added.