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 Summary0871768 B.C. Ltd. v. Aestival (Vessel), 2014 FC1047
Précis: One of two defendants was found liable for damage caused to an adjacent vessel by grinding dust. As the damages were separate and divisible, it was not a case of joint and several liability.
Full SummaryPeracomo Inc. v. Telus Communications, 2012 FCA 199, 2014 SCC 29
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.
Full SummaryLaichkwiltach Enterprises Ltd. v. F/V Pacific Faith (Ship), 2009 BCCA 157
This was an action for damages arising out of a collision. The plaintiff’s ship was moored at a wharf when the defendant’s vessel struck it while attempting to dock. The trial Judge held that the defendants were prima facie negligent as there is a presumption of fault when a moored vessel is struck by a moving vessel. The trial Judge …
Full SummaryThatcher v. Schell, 2005 BCSC 1121
This case involved a collision on Okanagan Lake between a 26′ sailboat operating under power and a 19′ motorboat. The collision occurred at dusk. Both vessels were destroyed and the occupants of each were injured. The owner of the sailboat alleged that the collision was caused by the negligence of the other vessel in proceeding at an excessive speed and …
Full SummaryWilson Fishing Co. Ltd. v. The Western Investor, 2001 FCT 1390
This was another collision action that occurred during the shotgun roe herring fishery, a fishery which the Trial Judge described as “a most unusual kind of maritime adventure,one that compels masters to sacrifice good seamanship for profit”. The Plaintiff alleged that due to the negligence of the Defendants , the Defendant vessel collided with the Plaintiff’s skiff and the Plaintiff’s …
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 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 SummaryFraser River Pile & Dredge Ltd. v. Empire Tug Boats Ltd., 92 F.T.R. 26, (F.C.T.D.)
The tug owner was held liable when the crane on a barge hit and damaged the Cambie Street bridge. The Court held the tug owner had a duty to inspect the tow, including the height of the crane, to ensure it was suitable for the intended voyage. The Court further considered the nature of the liability of a tug owner …
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