01-Aug-14

Form 1 (Rule 3-1(1))

Court File No. VLC-S-S-145970

Vancouver
No.
Vancouver Registry

In the Supreme Court ofBritish Columbia

Between

SHELTER ISLAND MARINA INC.

Plaintiff

and

MARADADI PACIFIC HOLDINGS LTD., GORDON WILSON,

JUDI TYABJI- WILSON a.k.a. JUDELINE WILSON a.k.a
JUDELINE KIM TYABJI a.k.a. JUDI TYABJI a.k.a. JUDI
WILSON and A 50 FOOT VESSEL IDENTIFIED AS "MARTHA
K", AND THE OWNERS AND THE OWNERS AND ALL
OTHERS INTERESTED IN A 50 FOOT VESSEL IDENTIFIED
AS "MARTHA K"

Defendants

NOTICE OF CIVIL CLAIM

This action has been started by the plaintiff for the relief set out in Part 2 below.

If you intend to respond to this action, you or your lawyer must

a) file a response to civil claim in Form 2 in the above-named registry of this court
within the time for response to civil claim described below, and

b) serve a copy of the filed response to civil claim on the plaintiff.

If you intend to make a counterclaim, you or your lawyer must

a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the

above-named registry of this court within the time for response to civil claim
described below, and

b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff
and on any new parties named in the counterclaim.

JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to
civil claim within the time for response to civil claim described below.

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Time for response to civil claim

A response to civil claim must be filed and served on the plaintiff(s),

a) if you were served with the notice of civil claim anywhere in Canada, within
21 days after that service,

b) if you were served with the notice of civil claim anywhere in the United States of
America, within 35 days after that service,

c) if you were served with the notice of civil claim anywhere else, within 49 days
after that service, or

d) if the time for response to civil claim has been set by order of the court, within
that time.

CLAIM OF THE PLAINTIFF

Part 1 : STATEMENT OF FACTS

1. The plaintiff, Shelter Island Marina Inc. ("Shelter Island") is a British Columbia

company with an address for service in this proceeding at 2900-595 Burrard Street,

Vancouver, British Columbia.

2. Shelter Island operates a marina and boatyard at 6911 Graybar Road, Richmond, British

Columbia (the "Marina").

3. The Marina contains dry storage facilities (the "Facilities").

4. The defendant Maradadi Pacific Holdings Ltd. ("Maradadi") is a British Columbia

company with a registered and records office located at RR1 C6 Pine Tree Place, 9573

Random Road, Power River, British Columbia

5. Maradadi is the owner of a 50' federally registered vessel named the Martha K.

6. The Martha K is currently in dry storage at the Marina.

7. The defendant Gordon Wilson ("Mr. Wilson") is a director and officer and principal of

Maradadi.

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8. The defendant Judi Tyabji- Wilson a.k.a. Judeline Wilson a.k.a Judeline Kim Tyabji a.k.a.

Judi Tyabji a.k.a. Judi Wilson ("Mrs. Wilson") is a director and officer and principal of

Maradadi.

9. Mr. Wilson and Mrs. Wilson (the "Wilsons") are husband and wife.

1 0. On or about January 1 , 2008 the Wilsons and Maradadi entered into an agreement with

Shelter Island, partly in writing, partly orally, and partly by conduct, for the dry storage of

the Martha K commencing January 1, 2008 (the "Agreement").

1 1. The material terms of the Agreement include:

a) Shelter Island shall permit Maradadi and the Wilsons to make use of the Facilities

at the Marina for the storage of the Martha K.

b) Maradadi and the Wilsons shall pay to Shelter Island $811, plus $40.55 GST, for

a total sum of $85 1 .55 each month for use of the Facilities (the "Monthly Fee").

c) Shelter Island shall be at liberty to increase the Monthly Fee from time to time.

d) Maradadi and the Wilsons shall pay to Shelter Island as an additional fee costs

incurred by Shelter Island related to the Martha K for such services as electricity,

garbage disposal and other utilities, as well as for damage caused to the Marina by

the Martha K's use of the Facilities (the "Additional Fees").

e) Maradadi and the Wilsons shall pay to Shelter Island the Monthly Fee and the

Additional Fees immediately upon billing or request for payment, or pay interest

on the Monthly Fee and the Additional Fees at a rate of 24% per annum.

f) Shelter Island shall have a possessory and charging lien upon the Martha K (the

"Lien") for all amounts which are or become owing by Maradadi and the Wilsons

to Shelter Island under the Agreement or otherwise, and to realize on such

amounts Shelter Island may upon 30 days' notice to Maradai and the Wilsons, sell

or otherwise dispose of the Martha K. Shelter Island shall be entitled to deduct

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from the proceeds of the sale of the Martha K the amounts owing to Shelter Island

by Maradadi and the Wilsons, as well as the costs incurred by Shelter Island

selling or disposing of the Martha K.

g) Maradadi and the Wilsons shall pay to Shelter Island on demand all costs and

expenses of every nature, including legal costs, incurred by Shelter Island in

connection with collecting amounts due and owing to Shelter Island by Maradadi

and the Wilsons, as well as all costs, including legal costs, related to the sale of

the Martha K under the Lien.

12. Maradadi and the Wilsons have stored the Martha K continuously at the Marina since

January 2008.

13. From January 2008 to July 2012 the Wilsons paid the Monthly Fees and the Additional

Fees pursuant to the Agreement.

14. In or about July 2010 Maradadi and the Wilsons stopped paying the Monthly Fees and the

Additional Fees in full as they became due.

15. Between January 2011 and December 2013 the Wilsons' payment of the Monthly Fees

and the Additional Fees was sporadic, and arrears accrued.

16. On or about December 1, 2013 the Wilsons signed a pre-authorized debit plan agreement

with Shelter Island (the "PAD Agreement")

17. It was a term of the PAD Agreement that on the 5th day of each month that the

Agreement was still in place, Shelter Island would debit the Monthly Fee from the

Wilsons' joint bank account with the First Credit Union at 4721 Joyce Avenue in Power

River, British Columbia.

18. The Wilsons made the following payments to Shelter Island pursuant to the Agreement

and the PAD Agreement:

a) $500.00 on December 17, 2013;

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b) $500.00 on January 31, 2014;

c) $500.00 February 21, 2014;

d) $500.00 on March 31,2014;

e) $500.00 on May 5, 2014;

f) $993.30 on June 25, 2014;

g) $993.30 on July 9, 2014;

however have not paid outstanding Monthly Fees, Additional Fees and interest which

accrued prior to December 2013 and continue to accrue.

19. On September 27, 2013 Shelter Island wrote to Maradadi and the Wilsons demanding

payment of $47,828.88, representing the amount due and owing under the Agreement as

of that date.

20. On February 18, 2014 Shelter Island wrote to Maradadi and the Wilsons demanding

payment of $55,867.03, representing the amount due and owing under the Agreement as

of that date.

21. To date, Maridadi and the Wilsons have refused or neglected to pay the amounts due and

owing under the Agreement.

22. Maradadi and the Wilsons have acknowledged that they are indebted to Shelter Island.

23. The Martha K remains stored at the Marina.

24. As of July 3 1, 2014 the total sum due and owing by Maradadi and the Wilsons to Shelter

Island is $62,021.88.

Part 2: RELIEF SOUGHT

25. A declaration that Maradadi and the Wilsons have breached the Agreement.

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26. Judgment against Maradadi and the Wilsons jointly and severally in the amount of

$62,021.88.

27. A declaration that Shelter Island has a lien over the Martha K to secure the payment of

the overdue Monthly Fees, Additional Fees as well as legal and other costs.

28. A declaration that Shelter Island has a lien over the Martha K pursuant to the Warehouse

Lien Act, R.S.B.C. 1996, c 480.

29. An order for the sale of the Martha K.

30. The Plaintiff claims interest on the sum of $62,021.88, calculated at the rate of 24% per

annum from August 1, 2014 to payment or judgment.

31. Costs, on a full indemnity basis pursuant to the terms of the Agreement, or in the

alternative, costs.

Part 3: LEGAL BASIS

32. The Plaintiff is entitled to payment of the outstanding Monthly Fees, Additional Fees and

interest accrued thereon.

33. Shelter Island has a lien against the Martha K pursuant to the terms of the Agreement.

34. Shelter Island has a lien against the Martha K Warehouse Lien Act, R.S.B.C. 1996, c.

480.

Plaintiffs address for service: Owen Bird Law Corporation

P.O. Box 49130
Three Bentall Centre
2900-595 Burrard Street
Vancouver, BC V7X 1J5
(Attention: George J. Roper)

Fax number address for service (if any): (604) 688-2827

E-mail address for service (if any): giroper@owenbird.com

Place of trial: Vancouver, BC

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The address of the registry is: Law Courts,

800 Smithe Street,
Vaneouver^B^/ V6Z 2E1

Date: August L 2014

Signature of lawyer for plaintiff
George J. Roper

Rule 7-1 (1) of the Supreme Court Civil Rules states:

(1) Unless all parties of record consent or the court otherwise orders, each party of
record to an action must, within 35 days after the end of the pleading period,

(a) prepare a list of documents in Form 22 that lists

(i) all documents that are or have been in the party's possession or
control and that could, if available, be used by any party at trial to
prove or disprove a material fact, and

(ii) all other documents to which the party intends to refer at trial, and

(b) serve the list on all parties of record.

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 APPENDIX

Part 1 : CONCISE SUMMARY OF NATURE OF CLAIM:

A claim for payment for services rendered under a contract.

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

A personal injury arising out of:

[ a motor vehicle accident

medical malpractice

[ another cause

A dispute concerning:

[ contaminated sites

[ construction defects

[ real property (real estate)

[ personal property

[X] the provision of goods or services or other general commercial matters

[ investment losses

[ the lending of money

[ an employment relationship

[ a will or other issues concerning the probate of an estate

[ ] a matter not listed here

Part 3: THIS CLAIM INVOLVES:

a class action

maritime law

aboriginal law

constitutional law

conflict of laws

XI none of the above

do not know

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Part 4:

Warehouse Lien Act, R.S.B.C. 1996, c. 480.

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