A B.C. couple is suing BC Ferries alleging they were victims of assault and battery from company staff as they waited for a boat in a cafeteria at Nanaimo’s Duke Point terminal in June 2023.
The allegations are being made in a Dec. 5 B.C. Supreme Court notice of civil claim brought forward by Baun Mahmoudi and Tara Torki.
The lawsuit names BC Ferries, two Jane Does and three John Does as defendants.
The couple, who co-own a Port Alberni pharmacy and maintain residences there and in Metro Vancouver, said they have used ferry services at least six times a month for the last 10 years.
The allegations
According to the court documents, Mahmoudi and Torki had worked late in the pharmacy and wanted to get to the Lower Mainland to see their son who they had not seen in three weeks.
They planned to catch the morning boat from Duke Point and only had several hours of sleep before leaving for the terminal.
En route, they encountered road closures and were told to reroute which they did. However, as a result of the detour, their Tesla was running low on power.
At Duke Point, they purchased tickets and then asked ferry staff if they could recharge the vehicle. The claim said they were refused.
“The plaintiffs' exhaustion was compounded by the stress of knowing they would either be stranded or would have to hire a towing company to transport their motor vehicle at Tsawwassen,” the claim said.
They went to the cafeteria for breakfast.
Then, the claim said, five ferry staff arrived, allegedly having received a report of agitated passengers.
The claim alleges those staff members aggressively shoved the couple; grabbed one of their arms; threw aside their food, clothes and phones; seized one phone and wouldn’t return it; banged on their table and aggressively shouted at them.
None of the allegations have been proven in court.
The couple claim the incident caused them anxiety and mental health issues, distress, loss of confidence, emotional trauma, indignity, embarrassment, humiliation, and injury to self-respect.
The claim said BC Ferries is vicariously liable for the behaviour of its staff, alleging various failures in hiring, supervision, training and ensuring the terminal was a safe place.
The claim seeks various damages.
BC Ferries responds
In a statement to Glacier Media, the company said it had received the claim.
“We will be reviewing it in due course,” the statement said. “At this time, we have no further comment on this matter as it is currently before the court. As an essential public service, BC Ferries is dedicated to providing our customers with the best possible travel experience."
It went on to say: "Caring for our customers and crew is at the heart of everything we do, and we take this responsibility seriously."
