Wappen-Reederei GmbH & Co. KG v. The "Hyde Park", 2006 FC 150

In Collisions and Ships on (Updated )

This is an important case dealing with the interpretation of sections 28 and 29 of the Canadian Transportation Accident Investigation and Safety Board Act and questions of privilege. [Section 28 of the Act deals with “on-board recordings” (defined as recordings originating from or received on or in the bridge or control room of a ship) and provides that such recordings …

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Thatcher v. Schell, 2005 BCSC 1121

In Collisions and Ships on (Updated )

This case involved a collision on Okanagan Lake between a 26′ sailboat operating under power and a 19′ motorboat. The collision occurred at dusk. Both vessels were destroyed and the occupants of each were injured. The owner of the sailboat alleged that the collision was caused by the negligence of the other vessel in proceeding at an excessive speed and …

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The Queen v. The "Delta Pride" et al., 2003 FCT 11

In Collisions and Ships on (Updated )

This was an action for damage allegedly caused to a breakwater by the Defendant vessel while manoeuvring. The facts established that one of the tugs assisting the Defendant vessel made contact with the breakwater. The Defendants, the owners of the vessel, argued that they were not liable for any contact between the tug and the breakwater. The Court held that …

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Dixon v. Leggat, 2003 CanLII 21626 (ON CA)

In Collisions and Ships on (Updated )

A pleasure craft ran into a rock face in Lake Rosseau, Ontario. As a result of the accident two passengers were injured, one fatally. These actions were commenced against the owner of the pleasure craft and the driver of the pleasure craft, the owner’s brother. At trial, the trial Judge found the driver liable in that he was operating the …

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Gravel and Lake Services Ltd. v. Bay Ocean Management Inc., 2002 FCA 465

In Collisions and Ships on (Updated )

This was an appeal from the Trial Division wherein the trial Judge apportioned liability for a grounding 75% to the “Lake Charles” and 25% to the “Robert John”. The case arose out of an alleged collision between the “Lake Charles” and the tug “Robert John” in the Port of Thunder Bay. The Plaintiff, the owner of the “Robert John”, alleged …

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Wilson Fishing Co. Ltd. v. The Western Investor, 2001 FCT 1390

In Collisions and Ships on (Updated )

This was another collision action that occurred during the shotgun roe herring fishery, a fishery which the Trial Judge described as “a most unusual kind of maritime adventure,one that compels masters to sacrifice good seamanship for profit”. The Plaintiff alleged that due to the negligence of the Defendants , the Defendant vessel collided with the Plaintiff’s skiff and the Plaintiff’s …

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ALT Navigation Ltd. v. United States of America, 2001 CanLII 33796

In Collisions and Ships on (Updated )

This case arose out of a collision 130 miles off the coast of Massachusetts between the F/V “Starbound” and an unidentified vessel. As a result of the collision the F/V “Starbound” sank and three of her crew drowned. The T/V “Virgo” subsequently called at ports in Newfoundland where she was inspected by Transport Canada officials and U.S. Coastguard. Three search …

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De Merchant Estate v. Price, 2001 NBQB 98

In Collisions and Ships on (Updated )

This matter involved a collision between a small runabout and a sailboat under power in a narrow channel. The main issue in the case was liability and apportionment. The Trial Judge found the parties equally at fault. The operator of the sailboat was at fault for not having the proper lights, for operating on the wrong side of the channel …

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Capilano Fishing Ltd. v. The "Qualicum Producer", 2001 BCCA 244

In Collisions and Ships on (Updated )

This was an action for damages suffered during the 1997 herring fishery when the Defendant’s vessel cut the net of the Plaintiffs’ vessel. The Plaintiffs claimed damages for the net, for the value of the lost catch and for the costs of fishing licences thrown away. The Defendants denied negligence and claimed the right to limit liability. On the issue …

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Canadian Salt Company Limited v. The Irving Cedar et al, 2000 CanLII 16223

In Collisions and Ships on (Updated )

This action arose out of a collision between a ship and a wharf that occurred when the ship was performing ice breaking operations for the Plaintiff in the vicinity of the wharf. The Defendants denied liability on the grounds that they were not negligent and further relied upon an exclusion clause and time for suit provision contained in the contract …

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