SS. "Cape Bretton" v. Richelieu & Ontario Navigation Co.

SS. "Cape Bretton" v. Richelieu & Ontario Navigation Co.

The appeal is allowed: the 'Canada' alone was at fault because it failed to keep a proper lookout and changed course toward Sorel without giving the required signals, thereby misleading the 'Cape Breton' which reasonably relied on the rules of the road; where a vessel's breach of navigation regulations may have caused the collision, the defaulting vessel cannot be excused and the other vessel is not liable absent clear, convincing evidence of gross dereliction by that other vessel.

Citation
(1905) 36 SCR 564
Parties
Appellant (defendant Below): Steamship 'Cape Breton' and Owners; Respondent (plaintiff Below): Richelieu and Ontario Navigation Company, owners of SS 'Canada'
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1905
Procedural Posture
Admiralty (maritime Collision) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada, Quebec Admiralty Division
Outcome
Appeal allowed. Judgment of Exchequer Court reversed as to apportionment; respondents (owners of 'Canada') held solely liable for collision; case remitted to Exchequer Court, Quebec Admiralty District, for assessment of damages. Costs to appellants in all courts. Order striking out irrelevant matter in appellants'...
Legal Topics
Collision, Look Out Duties, Narrow Channel / Rules of the Road, Lights and Sound Signals, Apportionment of Damages, Evidence and Burden of Proof, Procedural — Improper Factum Material, Order for Bail
Source Language
English
Maritime Law Admiralty Law Negligence Civil Practice Collision Look Out Duties Narrow Channel / Rules of the Road Lights and Sound Signals +4 more

Case Brief

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Parties

Steamship 'Cape Breton' and Owners

Appellant (defendant Below)

Richelieu and Ontario Navigation Company, owners of SS 'Canada'

Respondent (plaintiff Below)

Procedural Posture

Admiralty (maritime Collision) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada, Quebec Admiralty Division

Legal Issues

  1. 1 Whether the 'Cape Breton' contributed to the collision by negligence or want of skill
  2. 2 Whether the 'Canada' failed to keep a proper look-out and changed course without proper signal
  3. 3 Whether local Sorel harbour rule (rule 33) applied and required signalling prior to changing course

Ratio Decidendi

The appeal is allowed: the 'Canada' alone was at fault because it failed to keep a proper lookout and changed course toward Sorel without giving the required signals, thereby misleading the 'Cape Breton' which reasonably relied on the rules of the road; where a vessel's breach of navigation regulations may have caused the collision, the defaulting vessel cannot be excused and the other vessel is not liable absent clear, convincing evidence of gross dereliction by that other vessel.

Court Disposition

Appeal allowed. Judgment of Exchequer Court reversed as to apportionment; respondents (owners of 'Canada') held solely liable for collision; case remitted to Exchequer Court, Quebec Admiralty District, for assessment of damages. Costs to appellants in all courts. Order striking out irrelevant matter in appellants'...

Orders

  • Appeal allowed and judgment of Exchequer Court reversed as to apportionment of damages
  • Decree to be entered for appellants on action and cross-action; case remitted for assessment of damages to be paid by respondents