Richmond-based West Bay Boating Club has filed suit in BC Supreme Court, alleging that two purported owners of a marina facility fraudulently induced the club into a lease and then unlawfully towed five of the plaintiff’s vessels.
West Bay filed suit July 27 against Robert Keizer and Steve Keizer.
In the statement of claim, West Bay contends that it started renting a Richmond marina facility from the defendants in November, 2010.
“The defendants led the plaintiff to believe that they owned the marina facility, and had use of the land it was attached to,” the claim alleges.
However West Bay contends that when, just over a year later, it contacted the Vancouver Fraser Port Authority about long-term development of the marina, the club was advised that the port authority had no knowledge of the defendants’ use of the facility.
“At this point, the plaintiff became concerned about whether the defendants did in fact have the necessary permissions and authorizations to run the marina,” the statement contends.
The suit claims at as of that moment, West Bay had already invested in a 75-foot paddle wheeler, a power breaker, the repair of wooden planks and the installation of chains to fasten floating logs.
The statement of claim states that in January, 2012, West Bay stopped paying rent to the defendants “because the plaintiff had reason to believe that the defendant was using the marina without the proper authorizations from the City of Richmond or the port authority and it appeared that the defendants were overcharging the plaintiff for the utilities.”
The suit alleges that in July, the defendants sent West Bay a letter terminating its lease and threatened to tow the club’s boats. It alleges that the defendants didn’t tell the club that the City of Richmond was evicting the defendants from the marina.
The suit claims that on July 25, the defendants blocked West Bay’s access to the marina and on July 26 towed five of West Bay’s vessels, forcing West Bay to cancel a function and boat safety classes.
West Bay is seeking rescission of its lease contract and damages, alleging that the defendants misrepresented their proprietary rights in the marina.
None of these allegations has been proved in court.
As of press time, no response to the civil claim had been filed.
