Précis: Liability for a collision was apportioned 75% to the give way vessel and 25% to the other vessel.
Full SummarySea-Link Marine Services Ltd. et al. v. Doman Forest Products Limited, 2003 FCT 712
A cargo of lumber was partially lost during carriage on “SEA-LINK YARDER” a dumb barge under tow between ports on Vancouver Island. During a portion of the transit on the outer coast of Vancouver Island the tug and tow encountered heavy weather and the cargo shifted resulting in loss of some cargo and damage to the barge. A claim was …
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 …
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