Précis: The Federal Court of Appeal confirmed the trial judgment that, in the circumstances, the vessel was not vicariously liable for the negligent acts of the master of the tug.
Full SummaryMercury Launch & Tug Ltd. v. Texada Quarrying Ltd., 2006 FC 464
The barge “MLT HWY” was damaged when she broke her moorings in extreme weather and grounded upon nearby rocks. The Plaintiff was the owner of the barge, which had been moored at the Defendant’s facility for the loading of a cargo of crushed stone. The Plaintiff’s tug, which had towed the barge to the facility, was moored to a buoy …
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 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 SummaryLaurentian Pilotage Authority v. Techno Navigation Ltee., 998 CanLII 7968
The issue in this case was whether a tug and barge combination are exempt from the pilotage requirement imposed by the Laurentian Pilotage Authority Regulations passed pursuant to the Pilotage Act. At trial, the judge considered the regulations were "vague and imprecise" and held that both the tug and barge were exempt. On appeal, however, the Court of Appeal held …
Full Summary