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 …
Full SummaryNorth Ridge Fishing Ltd. et al. v. The Prosperity, 2000 BCSC 1124
This action arose out of a shotgun opening in the roe herring fishery, an event described by the Court as "a most unusual maritime adventure where, from an opening ‘gun’, many vessels -sometimes dozens- would set their nets at speed in very close proximity during a short period of time". During the course of the opening the Defendant vessel "Prosperity" …
Full SummaryKajat v. The "Arctic Taglu", [2000] 3 FC 96
This was an appeal from a judgement of the Trial Division in which the Defendants were found 85% at fault for a collision between the fishing vessel "Bona Vista" and a tug-barge combination operated by one of the Defendants. A critical determination made by the Trial Judge was that the accident occurred because of the use of a search light …
Full SummarySutton et.al. v. Petman, non Registry Nos. 14583 & 14612 (B.C.S.C.)
This was a motion to dismiss a Third Party action. The matter arose out of a fatal collision between two pleasure craft. One vessel was owned by the Third Party but had been loaned to, and was being operated by, the Third Party’s son at the time of the accident. The Defendant, the owner and operator of the second vessel, …
Full SummaryEns v. Gabany, No.75911/91Q
Apportionment of liability was the issue in this small vessel collision case. The Plaintiff’s vessel was at anchor and was hit by the Defendant’s vessel. The Court apportioned liability 70% to the Defendant and 30% to the Plaintiff. The faults on the part of the Defendant were traveling at night at an excessive rate of speed when having consumed sufficient …
Full SummaryNordholm I/S v. The Queen, (1996) No.T-1215-89, (F.C.T.D.)
This interesting case involved a collision between the Canadian Naval vessel "Kootenay" and the "Nordpol" on June 1, 1989, in conditions of fog. At the time of the collision the "Kootenay" was engaged in anti-submarine exercises that required her not to emit any radar or radio signals. The "Kootenay" was observed on radar by those on board the "Nordpol" but …
Full SummaryConrad v. Snair, 1995 CanLII 4175
This case involved a collision at night between a Boston Whaler and an anchored unlit sailboat. As a result of the collision, a passenger of the Boston Whaler was seriously injured. The issues concerned the liability for the collision, contributory negligence, and limitation of liability. Both the trial Judge and the Court of Appeal found that the driver of the …
Full SummarySanmammas Compania Maritima S.A. v. The " Netuno", No. T-2428-89 (F.C.T.D.).
The issue in this case was damages. The Plaintiff’s ship was hit while moored. The Defendants, who admitted liability, argued that the ship was detained for a longer period than necessary because of other repairs being done at the same time as the repairs to the areas damaged by the collision. On the evidence presented, the Court rejected the arguments …
Full SummaryRast v. Killoran, 1995 CanLII 2397
This case involved an action for personal injury suffered by a passenger when a small vessel collided with a submerged log. The impact caused the driver to lose his grip on the outboard motor and, as a consequence, to momentarily lose control over the vessel. The facts established that the boat driver had disabled two safety features found on the …
Full SummaryTeschner v. Yarish, [1995] O.J. No. 1569, (Ont. Ct. Gen.Div.)
This matter concerned a collision between two sailboats shortly before the commencement of a sailing race. The Plaintiff’s vessel was on a starboard tack. The Defendant’s vessel approached the Plaintiff’s vessel on the port side at an angle higher than the perpendicular. The Defendant attempted a starboard tack to cross in front of the Plaintiff but the manoeuvre was not …
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