The Queen v. Levis Ferry Ltd.

The Queen v. Levis Ferry Ltd.

The collision was caused by negligent operation of both vessels (not an inevitable accident); Levis Ferry Limited was at fault but entitled to limit liability under the Canada Shipping Act to $40,390; the trial judge erred in applying the apportionment percentage to the limited amount and in awarding interest at 4% rather than the 5% required by s.3 of the Interest Act; judgment entered for appellant for $40,390 with interest at 5% from Feb 1, 1955.

Citation
[1962] SCR 629
Parties
Plaintiff/appellant: Her Majesty The Queen; Defendant/respondent: Levis Ferry Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 June 1962
Procedural Posture
Civil Appeal Maritime Collision / Supreme Court Judgment on Appeal
Outcome
Appeal allowed with costs; cross-appeal dismissed with costs; Exchequer Court judgment set aside and judgment entered for appellant for capped amount with statutory interest.
Legal Topics
Collision, Limitation of Liability, Apportionment of Liability, Damages, Interest
Source Language
English
Maritime Law Tort (negligence) Transportation Law Admiralty Practice Statutory Interpretation Collision Limitation of Liability Apportionment of Liability +2 more

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Parties

Her Majesty The Queen

Plaintiff/appellant

Levis Ferry Limited

Defendant/respondent

Procedural Posture

Civil Appeal Maritime Collision / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether collision was an inevitable accident or caused by negligence
  2. 2 Proper apportionment of liability between vessels
  3. 3 Applicability and extent of limitation of liability under the Canada Shipping Act

Ratio Decidendi

The collision was caused by negligent operation of both vessels (not an inevitable accident); Levis Ferry Limited was at fault but entitled to limit liability under the Canada Shipping Act to $40,390; the trial judge erred in applying the apportionment percentage to the limited amount and in awarding interest at 4% rather than the 5% required by s.3 of the Interest Act; judgment entered for appellant for $40,390 with interest at 5% from Feb 1, 1955.

Court Disposition

Appeal allowed with costs; cross-appeal dismissed with costs; Exchequer Court judgment set aside and judgment entered for appellant for capped amount with statutory interest.

Orders

  • Appeal allowed with costs
  • Cross-appeal dismissed with costs