A Vancouver man has lost his bid before B.C.’s Civil Resolution Tribunal to have a local sailing centre pay $3,000 for his stolen canoe.
In her Aug. 22 decision, tribunal member Nav Shukla said
Cameron Sheppard had his kayak stolen from a facility run by the Jericho Sailing Centre Association (JSCA) while he was still a member. That's undisputed.
But Sheppard alleged the centre is responsible for the theft because it allegedly relaxed its security measures without notice to him and allowed the theft to occur.
The centre, however, said it didn’t change its security measures as Sheppard alleged and was not responsible for the theft. It said it owes Sheppard nothing.
Joined the club to store kayak
Sheppard said he joined the centre in May 2021, primarily so he could store his 17-foot Delta sea kayak there, believing it was a secure facility.
Sheppard said the facility had a very tall gate around the compound, with barbed wire in spots, and required fob key access at the primary entry location.
He also purchased a key for the locked gate to allow him to access the facility after closing hours.
After being injured, Sheppard said he was ready to kayak again and returned to the centre in late July 2021
“Mr. Sheppard was unable to find his kayak and it is undisputed that the kayak was stolen,” Shukla said.
Locked gate 'wide open'
Sheppard said the front gate that had been previously kept closed and accessible only with a key fob was now ‘wide open.’
He cancelled his membership and provided the tribunal with an invoice for the $3,018 spent to replace his kayak.
The centre said there were no security changes during Sheppard’s membership.
“It says that various levels of its COVID-19 protocols were in place during this time and it is unknown what level was in place when Mr. Sheppard’s kayak was stolen,” Shukla said.
“I infer from (the centre’s) submissions that any changes it made with respect to the main gate being locked or unlocked were made as part of its COVID-19 safety protocols as opposed to changes to its security measures.”
Shukla found it unproven that the kayak was stolen as a result of any changes made by JSCA to its COVID-19 protocols or to its security measures.
“Given this, and JSCA’s storage policy which says JSCA cannot guarantee the security craft stored at its facility, I find there is no basis to find JSCA responsible for the stolen kayak, Shukla said.
“Accordingly, I dismiss Mr. Sheppard’s $3,000 reimbursement claim.”
