A Nova Scotia Small Claims Court Orders Marine Industry Supplier to Pay for Missing Portable Toilets
A Nova Scotia small claims court has ruled that a marine industry supplier must pay up for a pair of portable toilets that went missing from the Halifax shipyard earlier this year. Adjudicator Eric K. Sloane stated in a written decision released Tuesday that Seagulf Marine Industries Inc., acting as a broker for another company that procures for the Canadian Navy, owes Jack’s Expert Flush and Toilet Rentals Inc. over $4,000 for the lost latrines.
No Contract, Unpaid Bill
According to the court’s decision, there was no contract between the parties, and the delivery arrangement was made through emails and phone calls. Sloane confirmed, “There is no dispute about the rental itself, though the bill remains unpaid as a result of the subsequent dispute.”
Delivery and Disappearance
The shipyard contacted Jack’s Expert Flush and Toilet Rentals in early January to deliver two portable toilets to the docks. The toilets were needed because a Navy vessel was scheduled for repairs, and workers would require access to toilets while the vessel’s electrical system was being disconnected. Jack Werry, the owner of Jack’s Expert Flush and Toilet Rentals, delivered the toilets on January 10 without knowledge of their final placement. He left the toilets tied together with rope for stability after being instructed to position them as close to the ship as possible. However, when Werry returned on January 24 to pick up the toilets, they were gone. It is believed that they fell or blew off the docks into the ocean and were lost.
Responsibility and Liability
Seagulf claimed that Jack’s should have secured the toilets better, but Jack’s argued that they delivered the toilets as requested and left it to the customer to determine their placement. Since there was no written contract specifying responsibility after the delivery, the court inferred that the defendant, Seagulf Marine Industries, was responsible for the toilets unless there was negligence on the part of Jack’s Expert Flush and Toilet Rentals. Adjudicator Eric K. Sloane emphasized that there was “no evidence” of carelessness on the part of Jack’s, but there were numerous possibilities regarding the Navy and Federal Fleet Services’ role in safeguarding the units.
Court Judgment
Sloane found Seagulf liable for the rental charge of $1,322.50 and replacement costs for the toilets amounting to $2,760, totaling $2,082. Furthermore, Jack’s Expert Flush and Toilet Rentals is entitled to $208.95 in costs. The court’s ruling orders Seagulf Marine Industries Inc. to pay the prescribed amounts.
Conclusion
In a small claims court decision, Seagulf Marine Industries Inc. has been held responsible for missing portable toilets from the Halifax shipyard. The court ruled that Seagulf must pay Jack’s Expert Flush and Toilet Rentals Inc. over $4,000 for the lost latrines. The court inferred that Seagulf was responsible for the toilets since there was no evidence of negligence on the part of Jack’s. The ruling emphasizes the importance of clear contracts and communication in ensuring accountability in business transactions.
Sources:
- Global News: https://globalnews.ca