Federal appeal | Admiralty
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.