browning hideaway fiasco

[KrisB]

Peter: according to Making a Claim Small Claims Procedure Guide - Procedures Guides - Small Claims - Court Services - Ministry of Justice "You can file the completed notice of claim form by mail at the court registry nearest to either: where the defendant lives or carries on business; or where the event that led to the claim happened."

So, yes, since Port Hardy has a Court Registry, it would likely have to be there. That said, the mailing address listed for Browning Pass Hideaway (on their website) is in Nanaimo. That is substantially closer than Port Hardy -- and may be a suitable argument to say that they "carry on business" there.

On the upside, the claim can be filed by mail and notice served by registered mail.

Collecting a large sum could be challenging. Collecting a few thousand should be accomplishable without too much challenge, though it may require further court orders (tools available through SCC).

In general, BC Small Claims Court is tainted towards anyone who seems wronged -- the legal loopholes aren't as prevalent and the goal is certainly to come to an amicable solution.

 

[Hawkwood]

I can't speak to the BC small claims court, but for our experience it was an incredible pain in the ass. We were lucky, the defendant was a large multinational who paid up, immediately prior to the court date.

Collection of small claims is entirely on the plaintiff's shoulders.

 

[Jennifer A Titus]

i purchased trip insurance for any interruption that might occur. losing gear is not covered. i have homeowners and they refuse to cover this incident. i have insurance through DAN. through DAN i recouped half of my losses. i shudder to think how this may have all played out. ALL MY GEAR WAS DUMPED INTO THE WATER. i am incredibly lucky to have recovered my drysuit bcd and camera bag with extra ports and lenses. i had 20 k of gear in the skiff. i could have insisted my gear go on the main boat but how democratic is that? everybody would have preferred their gear went on the main boat. i guess with the hideaway you just have to take your chances......this whole situation is extremely surreal and strange. i will never charter with the hideaway....ever. this makes me very sad because i love the spot and i really think john is a great guide and person. **** happens. i have learned the following lesson....never associate with anyone who is careless with your heart and dive gear. it's personal for me....

---------- Post added June 9th, 2015 at 08:46 PM ----------

on the "up" side. most of my equipment is now brand new. i made the switch to DIN connections. i bought a computer that is of the same brand as my backup computer. i now have a larger pony bottle more appropriate to deep solo diving. these were small issues that always bothered me. my local dive center loves me.

 

[aaen]

When I lived e U.S. I thought I had separate gear ins through DAN. Perhaps I had it through another ins agency?

A friend of mi e a few years back got swept off a wreck and had to ditch his gear to stay a float. His home ins covered it but said never again once they saw the bill.


Regards

Steve

I suffer from fat finger syndrome and a tiny keyboard on an iPhone. So I apologize for the typos and misspellings.

 

[chillyinCanada]

I've been through small claims court as the injured party to the tune of approx $12,000. Can't sue in small claims court for that amount here. Two years of aggravation and angst and at the end of it all, the defendant wanted to settle. When all the smoke finally cleared, out of a $3500+ settlement, I got a cheque for $61.

Run with your new attitude! You've got new stuff and your old stuff was just "stuff". Stuff can be replaced, money comes back into our lives . . . Lives matter, relationships matter, anger is a huge waste . . .

 

[JohnN]

Collection of small claims is entirely on the plaintiff's shoulders.

I've had only two experiences with Small Claims court (US), and both times I was the injured party. The first paid immediately, the second stretched it out as long as possible (including going to mediation) and finally no-showed at the final hearing.

I ended up going to a collection agency to get the judgement. They take 50%, but never give up, so unless the other party intends to live off-the-grid forever, you'll at least some of your money back.

------------------added------------------------------
For Vancouver Island, this might be a place to start for collections (after you go through small-claims court) Advanced Collection Services - Contact Us

 

[Divegoose]

Hi divegoose, What other mishaps are you referring too? The dive community should be informed of past incidents. If there is precedence, it would certainly bolster Jennifer's case of proving negligence as well.
The other BIG bonus for God's Pocket, is they have an elevator on their boat. Absolute heaven!

Hi Vancouverdiver,

Sorry for the delay in my response. I get way behind in my reading, and it takes a few days to catch up.

All I have is anecdotal information. I've never experienced a loss first hand when diving with John and the Hideaway
so I have no first hand information to share. I do remember getting up one morning to find one of the boats sunk
at the dock.

I know there have been times when I was quite nervous having my gear aboard the skiff, and the people I was travelling
with were nervous as well. Fortunately everything arrived at the Hideaway in one piece, and everything made it back to Port Hardy.

Divegoose

 

[vancouverdiver]

Thanks.


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