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Default FYI : local boater takes on fed's


Things are heating up in Ontario!

Local boater/boat reseller Randy Desnoyers is challenging the Federal
Marina in Hamilton, Ontario over his right to enter public land .

The local port is managed by the Hamilton Port authority, under the federal
marine act, the land in a deal by the City of Hamilton has leased back the
public property to the HPA for 10 years in a settlement as part of a
previous law suit.

RD was selling used boats and renting a slip at the port when the port asked
for a percentage of his sales as a fee to be at the marina in addition to
his seasonal fees, when he refused on the grounds of it being a kick back,
later that year the port then ACCUSED without evidence that RD has been
steeling wooden cradles from the HPA then in a police report the HPA also
mention boat break in's.

The police have never had an investigation on RD or a complaint prior to
this accusation, RD believes all of this is just an effort to stop him from
selling boats in the Hamilton area.

On July 16th the HPA formally threw the police filed a trespass charge.

RD belief is that not only are his rights Protected under the charter of
rights believes that the port is guilty of predatory behaviour and
anti-competition behaviour.

The first date is set for Nov 24th ,2004 were a plea of not guilty to be
entered.

This issue will have far reaching results in the marine industry, do they
have the right to limit and control private sector biz when it does not
affect the safety of the general public, should a federal body be entitled
to receive payment for services it doesn't provide directly?

On Nov 1st a web space will be provided for comments and update on the
issue at www.yachtware.net

Do you wish to comment?



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