Peracomo Inc. v. Telus Communications, 2012 FCA 199, 2014 SCC 29

In Collisions and Ships on (Updated )

Précis: The Supreme Court of Canada overturned a decision of the Federal Court of Appeal in which a vessel operator was held to be disentitled to the benefit of limitation of liability. The Supreme Court of Canada held that limitation of liability was available to the operator who had intentionally cut a submarine cable. However, the operator’s conduct did constitute “wilful misconduct” within the meaning of the Marine Insurance Act and, as a consequence, the loss was excluded from the insurance coverage.

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Westshore Terminals Limited v. Leo Ocean S.A. (The Cape Apricot), 2014 FC 132

In Collisions and Ships on (Updated )

Précis: The Federal Court held that a pilot whose certificate of competency issued under the Canada Shipping Act, 2001 had expired was nevertheless a “licensed pilot” within the meaning of the Pilotage Act with the result that the pilot was entitled to limit his liability and the ship owner was liable for his negligence.

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Wolverine Motor Works Shipyard LLC v. Canadian Naval Memorial Trust, 2011 NSSC 308

In Collisions and Ships on (Updated )

In this case the defendant’s steel hulled vessel broke loose from its moorings and struck and sank the plaintiff’s sail boat which was moored alongside. The incident occurred as Hurricane Juan was pounding the Nova Scotia coast. The plaintiff alleged the defendant was negligent. The court, however, found that the defendant was aware of the approaching hurricane and prepared for …

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Laichkwiltach Enterprises Ltd. v. F/V Pacific Faith (Ship), 2009 BCCA 157

In Collisions and Ships on (Updated )

This was an action for damages arising out of a collision. The plaintiff’s ship was moored at a wharf when the defendant’s vessel struck it while attempting to dock. The trial Judge held that the defendants were prima facie negligent as there is a presumption of fault when a moored vessel is struck by a moving vessel. The trial Judge …

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Vogelsang v. Vandale, 2008 SKPC 137

In Collisions and Ships on (Updated )

This was a collision between two small pleasure craft on a lake. The Defendant admitted negligence but also alleged that the Plaintiff, the operator of the other vessel, had been partly at fault. When the collision occurred the Plaintiff had been heading west and the Defendant North. The Defendant was towing water tubers. The Defendant’s boat struck the Plaintiff’s boat …

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British Columbia Ferry Services Inc. v. Canadian Transportation Accident Investigation & Safety Board, 2008 BCCA 40

In Collisions and Ships on (Updated )

This application arose out of the sinking of a passenger ferry, the Queen of the North. The sinking was investigated by the Transportation Safety Board (“TSB”) who, as part of the investigation, retrieved the electronic chart system (“ECS”) hard drive from the sunken wreck. The data was provided to the ship owner by the TSB pursuant to an agreement in …

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Rioux v. Bégin, 2007 QCCQ 4119

In Collisions and Ships on (Updated )

The issue in this case was whether the Court should exercises its discretion under s.23(2) of the Marine Liability Act to extend the limitation period. The Plaintiff was an infant and the limitation period had apparently been missed because legal advisors thought the provincial limitation period of two years applied. The Court granted the request for an extension. (Note: Unfortunately, …

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Omega Salmon Group Ltd. v. The "Pubnico Gemini", 2007 BCCA 33

In Collisions and Ships on (Updated )

The Plaintiff was the owner of a fish farm that was damaged when the “Pubnico Gemini” collided with it. Liability for the collision was admitted and the only issues were in relation to damages. Specifically, the Defendants argued that: (i) the damages should be based on the cost to repair the damaged fish pens rather than the cost of replacement; …

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