It was all fun and water games until a Sea-Doo was returned late, leading to a BC man being sued in a BC Civil Resolution Tribunal hearing.
Darryl Kenyon sued Steve Letizia for $1,145, telling the BC tribunal that Letizia damaged three Sea-Doos and a battery booster he rented and returned the watercraft late.
While Letizia doesn’t deny the late return, he did dispute that he damaged any Sea-Doos or equipment.
In the summer of 2022, on July 20, Letizia signed an agreement to rent two Sea-Doos for two days for a total of $1,000. Letizia said he read the terms and conditions of the agreement.
During the rental period, Letizia had issues starting one of the Sea-Doos, so Kenyon travelled to the lake to help start it while also delivering a third Sea-Doo.
The tribunal decision says he also delivered a battery booster.
On the morning of July 23, Letizia returned the three watercraft.
One Sea-Doo “took on water,” and Letizia had to have it towed to a marine to be pumped out.
“The conversation became heated,” the tribunal decision states.
It got heated partly because the Sea-Doos were supposed to be returned the night before and partly because the two parties disagreed about why one Sea-Doo took on water. 16 minutes of that conversation were recorded by Letizia, who “ultimately paid $1,200, which included amounts for the additional Sea-Doo and for fuel.”
Kenyon claims he lost a $300 rental because of the late return, which Letizia disputes. The BC tribunal said Kenyon couldn’t prove that anyone had the Sea-Doo reserved, finding that he was not entitled to $300 in damages.
However, the tribunal did determine that Kenyon had a “contractual right” to charge a late fee. Late fees are charged at $50 per hour. According to the tribunal, the Sea-Doos were returned three business hours late, totalling $150.
As for Kenyon’s claims that Letizia damaged the watercraft, he could not prove it despite submitting pictures to the tribunal.
After all was set and done, the tribunal ordered Letizia to pay Kenyon $160.39, which amounted to $150 in late fees and $10.39 in pre-judgment interest.