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 SummaryBritish Columbia Ferry Services Inc. v. Canadian Transportation Accident Investigation & Safety Board, 2008 BCCA 40
This application arose out of the sinking of a passenger ferry, the Queen of the North. The sinking was investigated by the Transportation Safety Board (“TSB”) who, as part of the investigation, retrieved the electronic chart system (“ECS”) hard drive from the sunken wreck. The data was provided to the ship owner by the TSB pursuant to an agreement in …
Full SummaryLaudon v. Roberts, 2007 CanLII 12208
The issue in this application was the admissibility of an expert report. The reports were challenged, inter alia, on the grounds that they were not necessary, that they usurped the function of the judge or jury, and that they contained opinions on matters of law. The Court reviewed both reports which contained assessments of negligence, interpreted and applied the Collision …
Full SummaryWappen-Reederei GmbH & Co. KG v. The "Hyde Park", 2006 FC 150
This is an important case dealing with the interpretation of sections 28 and 29 of the Canadian Transportation Accident Investigation and Safety Board Act and questions of privilege. [Section 28 of the Act deals with “on-board recordings” (defined as recordings originating from or received on or in the bridge or control room of a ship) and provides that such recordings …
Full SummaryThe Queen v. The "Delta Pride" et al., 2003 FCT 11
This was an action for damage allegedly caused to a breakwater by the Defendant vessel while manoeuvring. The facts established that one of the tugs assisting the Defendant vessel made contact with the breakwater. The Defendants, the owners of the vessel, argued that they were not liable for any contact between the tug and the breakwater. The Court held that …
Full SummaryDixon v. Leggat, 2003 CanLII 21626 (ON CA)
A pleasure craft ran into a rock face in Lake Rosseau, Ontario. As a result of the accident two passengers were injured, one fatally. These actions were commenced against the owner of the pleasure craft and the driver of the pleasure craft, the owner’s brother. At trial, the trial Judge found the driver liable in that he was operating the …
Full SummaryALT Navigation Ltd. v. United States of America, 2001 CanLII 33796
This case arose out of a collision 130 miles off the coast of Massachusetts between the F/V “Starbound” and an unidentified vessel. As a result of the collision the F/V “Starbound” sank and three of her crew drowned. The T/V “Virgo” subsequently called at ports in Newfoundland where she was inspected by Transport Canada officials and U.S. Coastguard. Three search …
Full SummaryCapilano Fishing Ltd. v. The "Qualicum Producer", 2001 BCCA 244
This was an action for damages suffered during the 1997 herring fishery when the Defendant’s vessel cut the net of the Plaintiffs’ vessel. The Plaintiffs claimed damages for the net, for the value of the lost catch and for the costs of fishing licences thrown away. The Defendants denied negligence and claimed the right to limit liability. On the issue …
Full SummaryPorto Seguro Companhia De Seguros Gerais v. The "Federal Danube" et al., 2001 CanLII 22115 (FC)
This was the re-trial of an action that had been previously dismissed by the Federal Court Trial Division in a judgment reported at [1995] 82 F.T.R. 127. That judgment was ultimately overturned by the Supreme Court of Canada and a new trial ordered on the grounds that the Trial Judge erred in refusing to hear three expert witnesses because assessors …
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" …
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