Précis: The owner of a vessel is not vicariously liable for the negligence of the operator absent actual fault or privity.
Full SummaryAtkinson (Guardian ad litem of) v. Gypsea Rose (Ship), 2014 BCSC 1017
Précis: A small vessel collision case in which liability was apportioned 80% to the moving vessel whose operator was impaired and 20% to the stationary vessel. The case is also notable for holding that the owner of the moving vessel was not liable even though there were some maintenance issues with the boat that contributed to the accident.
Full SummaryDixon v. Leggat, 2003 CanLII 21626 (ON CA)
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 …
Full SummaryNorth Ridge Fishing Ltd. v. The "Prosperity" et al., 2000 BCCA 283
This was an appeal from a summary trial application. The appeal arose out of a net cutting incident that occurred during the roe herring fishery. The Plaintiff alleged that the Defendant vessel "Prosperity" negligently cut its net during the fishery resulting in a loss of fish. At the time, the "Prosperity" had been chartered for the entire 1997 herring season. …
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, …
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