Liability of Owner - Admiralty Law

Holman v. Oberg, 2016 ABQB 448

In Collisions and Ships on August 5, 2016 (Updated April 03, 2017)

Précis: The owner of a vessel is not vicariously liable for the negligence of the operator absent actual fault or privity.

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Alcohol - Apportionment of Liability - Costs - Failure to Keep Lookout - Liability of Owner - Pleasure Craft Collision

Atkinson (Guardian ad litem of) v. Gypsea Rose (Ship), 2014 BCSC 1017

In Collisions and Ships, Costs and Security for Costs on June 6, 2014 (Updated November 11, 2016)

Précis: A small vessel collision case in which liability was apportioned 80% to the moving vessel whose operator was impaired and 20% to the stationary vessel. The case is also notable for holding that the owner of the moving vessel was not liable even though there were some maintenance issues with the boat that contributed to the accident.

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Collisions - Liability of Owner - Limitation

Dixon v. Leggat, 2003 CanLII 21626 (ON CA)

In Collisions and Ships on January 13, 2003 (Updated July 05, 2012)

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 …

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Bareboat Charter - Liability of Owner

North Ridge Fishing Ltd. v. The "Prosperity" et al., 2000 BCCA 283

In Charters of Ships on April 19, 2000 (Updated July 04, 2012)

This was an appeal from a summary trial application. The appeal arose out of a net cutting incident that occurred during the roe herring fishery. The Plaintiff alleged that the Defendant vessel "Prosperity" negligently cut its net during the fishery resulting in a loss of fish. At the time, the "Prosperity" had been chartered for the entire 1997 herring season. …

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Liability of Owner - Pleasure Craft

Sutton et.al. v. Petman, non Registry Nos. 14583 & 14612 (B.C.S.C.)

In Collisions and Ships on June 14, 1996 (Updated July 05, 2012)

This was a motion to dismiss a Third Party action. The matter arose out of a fatal collision between two pleasure craft. One vessel was owned by the Third Party but had been loaned to, and was being operated by, the Third Party’s son at the time of the accident. The Defendant, the owner and operator of the second vessel, …

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