Background: Joel Alexander Martin Lepage possessed a 32’ sailboat that broke loose from its mooring in January 2016. Bowen Island Municipality salvaged and destroyed the boat without following statutory requirements. Lepage sued for conversion, winning $5,000 in damages at trial.

Legal Issues:

• Damages Award: Lepage appealed, claiming $5,000 was insufficient and did not reflect his sentimental attachment or the actual loss.
• Sinking of Sailboat: The trial judge found the boat had sunk before salvaging, which Lepage contested, suggesting it sank during the operation.
• Ownership: Lepage was unable to prove legal ownership but demonstrated possession and use of the boat.
• Sentimental Value: Lepage argued the judge failed to account for the sentimental value of the boat.

Appeal Court Findings:

• The court upheld the trial judge’s decision, finding no palpable and overriding error in the factual findings.
• Presumption Against Wrongdoer: The court determined that even if the presumption against the wrongdoer was applied, it would not have changed the outcome as Bowen Island had rebutted it by proving the boat had sunk before salvage.

Outcome: The appeal was dismissed. The Court of Appeal upheld the $5,000 damages award, finding it consistent with the sailboat’s minimal market value post-salvage and the lack of independent evidence supporting higher damages. No additional costs were awarded to Lepage for sentimental value.

Total Award: Joel Alexander Martin Lepage was awarded $5,000 in damages. The appeal court did not grant any additional costs or awards.