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Turcotte v. Dufour, 2015 QCCA 1914

In Collisions and Ships on (Updated )

Précis: Where two vessels were proceeding on parallel courses at speed and one vessel suddenly veers sharply putting itself in front of the other, the turning vessel is 100% liable for the resulting collision.

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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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