Collision resulted from error in navigation by those in command of tugboat

Federal appeal | Admiralty

COLLISION

Collision resulted from error in navigation by those in command of tugboat


Ship was being towed by tugboats during process of being berthed in harbour next to shipping company’s vessel. While passing between ship and vessel, line tugboat contacted another tugboat and veered into vessel. Line tugboat damaged vessel’s propeller. Line tugboat owner’s liability was admitted. Shipping company brought action against ship and its owners for damages for negligence based on vicarious liability. Action was dismissed. There was no reviewable error on part of trial judge in concluding that there was no vicarious liability on part owners of ship in respect of collision. There was evidence to support trial judge’s finding that collision resulted from error in navigation by those in command of tugboat. Trial judge did not err in law or commit palpable and overriding error.
Grieg Shipping A/S v. “Dubai Fortune” (The) (Owners) (Sep. 16, 2013, F.C.A., M. Nadon J.A., Pelletier J.A., and Gauthier J.A., File No. A-446-12) Decision at 223 A.C.W.S. (3d) 557 was affirmed.  233 A.C.W.S. (3d) 270.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights