Daniele v. Creglia

This was an action by a Plaintiff/passenger against an owner/master for damages for personal injury suffered when a small vessel crashed into a breakwater. The Court held that the owner/master was clearly negligent in travelling at an excessive rate of speed and in not maintaining a proper lookout. The only real issue was whether the owner could limit his liability pursuant to the Canada Shipping Act. The Court held that the Defendant as owner was not entitled to limit his liability because, knowing the practice and intention of his alter ego, the master, he failed to ensure his alter ego would travel at a safe speed.