This was an appeal from the Trial Division wherein the trial Judge apportioned liability for a grounding 75% to the “Lake Charles” and 25% to the “Robert John”. The case arose out of an alleged collision between the “Lake Charles” and the tug “Robert John” in the Port of Thunder Bay. The Plaintiff, the owner of the “Robert John”, alleged …
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 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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