The Plaintiff was seriously injured when the vessel in which she was riding ran into Salt Spring Island. The vessel was a commercial water taxi and at the time of the accident it was on its way to pick up passengers. The Plaintiff, however, was not a paying passenger but was onboard as a non-paying guest. The Judge found as …
Full SummaryVogelsang v. Vandale, 2008 SKPC 137
This was a collision between two small pleasure craft on a lake. The Defendant admitted negligence but also alleged that the Plaintiff, the operator of the other vessel, had been partly at fault. When the collision occurred the Plaintiff had been heading west and the Defendant North. The Defendant was towing water tubers. The Defendant’s boat struck the Plaintiff’s boat …
Full SummaryR. v. Bridle, 2008 BCPC 52
This case arose out of a collision at night between two pleasure craft, one of which was at anchor. At the time of the collision the anchored vessel was not displaying the all-round white light required by the Collision Regulations. The accused was the owner/operator of the anchored vessel. The accused said that he only learned the anchor light was …
Full SummaryR. v. Cloutier, 2007 QCCQ 13533
This case arose out of a collision in the St. Lawrence Seaway between a freighter and a sail boat. Two of the four crew of the sailboat died as a result of the collision. The Pilot of the freighter was charged with failing to comply with the Collision Regulations. The Court extensively reviewed the evidence and ultimately dismissed the charges …
Full SummaryRioux v. Bégin, 2007 QCCQ 4119
The issue in this case was whether the Court should exercises its discretion under s.23(2) of the Marine Liability Act to extend the limitation period. The Plaintiff was an infant and the limitation period had apparently been missed because legal advisors thought the provincial limitation period of two years applied. The Court granted the request for an extension. (Note: Unfortunately, …
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 SummaryGravel and Lake Services Ltd. v. Bay Ocean Management Inc., 2002 FCA 465
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 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 SummaryDe Merchant Estate v. Price, 2001 NBQB 98
This matter involved a collision between a small runabout and a sailboat under power in a narrow channel. The main issue in the case was liability and apportionment. The Trial Judge found the parties equally at fault. The operator of the sailboat was at fault for not having the proper lights, for operating on the wrong side of the channel …
Full SummaryNordholm I/S v. The Queen, (1996) No.T-1215-89, (F.C.T.D.)
This interesting case involved a collision between the Canadian Naval vessel "Kootenay" and the "Nordpol" on June 1, 1989, in conditions of fog. At the time of the collision the "Kootenay" was engaged in anti-submarine exercises that required her not to emit any radar or radio signals. The "Kootenay" was observed on radar by those on board the "Nordpol" but …
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