Hamilton Marine & Engineering Ltd. v. CSL Group Inc.

This matter involved the capsizing of a tug while it was assisting a larger vessel to undock. At issue in the case was the liability for the capsizing. The Federal Court Trial Division canvassed the rights and duties of tug and tow in such situations. It held that there is a presumption the tug is under the control of the tow and that the tow has a duty to ensure it does not cause damage to the tug. On the other hand, and notwithstanding that the tow is in command, a tug has the duty to look out for its own safety.