Précis: The Federal Court dismissed a claim against the Canadian Coast Guard for loss of a vessel during a tow operation it organized.
Full SummaryMckeil Marine Limited v. Canada, 2016 FC 1063
Précis: An appeal from a decision of Transport Canada that the towing of two decommissioned vessels from British Columbia to Nova Scotia via the Panama Canal was not "coasting trade" was dismissed on the grounds the applicant did not have standing and the issue was moot.
Full SummarySnow Valley Marine Services Ltd. v. Seaspan Commodore (The), 2015 FC 304
Précis: The sole cause of the sinking of a tug assisting with a fouled anchor was the failure of the defendant to properly secure a safety line.
Full SummaryGrieg Shipping A/S v. Fortune Marine Ltd. (The Dubai Fortune), 2012 FC 1110, 2013 FCA 218
Précis: The Federal Court of Appeal confirmed the trial judgment that, in the circumstances, the vessel was not vicariously liable for the negligent acts of the master of the tug.
Full SummaryRough Bay Enterprises Ltd. v. Budden et al., 2003 BCSC 1796
The Plaintiff, the purchaser of a barge, sued the Defendants for negligence and breach of contract in the towage of the barge. The Plaintiff purchased the barge from the Defendant Budden for $90,000, paying a $5,000 deposit together with an initial payment of $42,500. The Defendant Budden agreed to tow the barge from Port Alberni to Campbell River with his …
Full SummaryLaurentian Pilotage Authority v. Techno Navigation Ltee., 998 CanLII 7968
The issue in this case was whether a tug and barge combination are exempt from the pilotage requirement imposed by the Laurentian Pilotage Authority Regulations passed pursuant to the Pilotage Act. At trial, the judge considered the regulations were "vague and imprecise" and held that both the tug and barge were exempt. On appeal, however, the Court of Appeal held …
Full SummaryPrimex Forest Products Ltd. v. Harken Towing Co., 1997 CanLII 4161
This case arose out of a collision involving a log tow and a bridge. As a consequence of the collision the log tow broke apart and the Plaintiff was required to pay for salvage. The Plaintiff claimed these expenses from the Defendant tug owner who alleged that it was not liable by reason of a set of standard towing conditions …
Full SummaryMeeker Log and Timber Ltd. et. al. v. The Sea Imp VIII, 1996 CanLII 2229
The British Columbia Court of Appeal rendered a short oral judgment from the bench dismissing an appeal and cross-appeal from the decision of Mr. Justice Peter Lowry, reported at 1 B.C.L.R. (3d) 320. The issues concerned the interpretation of standard towing conditions and limitation of liability pursuant to the Canada Shipping Act. The standard towing conditions were composed of multiple …
Full SummaryBurrard Towing Co. v. Reed Stenhouse Limited, 1996 CanLII 1919 (BC CA)
This case involved the interpretation of a Tower’s Legal Liability Policy. The facts were that a barge under demise charter to a tug company capsized while under tow and the cargo was lost. The barge was an insured vessel under the tug company’s policy. The issue in the case was whether the tug company had legal liability coverage for the …
Full SummarySt. Lawrence Cement Inc. v. Wakeham & Sons Ltd., 1995 CanLII 2482
This action involved a stranding of a barge due to the negligence of the tug. The towage contract specifically provided that the barge owner would be responsible for insurance on the barge and cargo and further provided that the towage was to be at the sole risk of the barge owner. At Trial, the Judge found that these provisions did …
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