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 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 …
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