R. v. Nord-Deutsche Versicherungs-Gesellschaft

R. v. Nord-Deutsche Versicherungs-Gesellschaft

The misaligned Pointe du Lac front range light was an initial cause but not the sole cause; both Hermes and Transatlantic pilots were negligent in proceeding at full manoeuvring speed into narrow waters without ensuring safe positions; servants of the Crown breached duty in maintaining the range lights; liability therefore apportioned 50% to Crown, 30% to Hermes interests and 20% to Transatlantic interests; Crown cannot limit its liability under the Canada Shipping Act in respect of its delictual liability; cargo owners recover in full from the Crown, subject to set-off for shipowner fault; interest of 5% awarded from filing of petition of right under Civil Code art.1056c and Crown...

Citation
[1971] SCR 849
Parties
Appellant (crown): Her Majesty The Queen; Suppliant / Respondent (hull Underwriter): Nord-Deutsche Versicherungs-Gesellschaft; Suppliant / Respondent (p&i Club): United Kingdom Mutual Steam Ship Assurance Limited; Suppliant / Respondent (cargo Consignee): Fischer Bearings Manufacturing Limited; Third Party Defendant (owner of M/v Hermes): Koninklijke Nederlandsche Stoomboot-Maatschappij N.V.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 April 1971
Procedural Posture
Civil Appeal Maritime Collision (petition of Right Under Crown Liability Act) / Appeal to Supreme Court of Canada From Exchequer Court Judgment; Remitted for Assessment of Damages and Counterclaims
Outcome
Appeal allowed in part; Exchequer Court judgment varied and remitted for assessment and disposition of third party counterclaims; liability apportioned 50% Crown, 30% Hermes, 20% Transatlantic; interest awarded from date of petition of right; Crown not entitled to limit liability on basis advanced.
Legal Topics
Collision, Crown Liability for Maintenance of Aids to Navigation, Pilot Negligence, Apportionment of Liability, Limitation of Liability of Shipowners, Interest on Damages, Contributory Negligence
Source Language
English
Maritime Law Tort Public/crown Liability Civil Procedure Property (aids to Navigation) Collision Crown Liability for Maintenance of Aids to Navigation Pilot Negligence +4 more

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Parties

Her Majesty The Queen

Appellant (crown)

Nord-Deutsche Versicherungs-Gesellschaft

Suppliant / Respondent (hull Underwriter)

United Kingdom Mutual Steam Ship Assurance Limited

Suppliant / Respondent (p&i Club)

Fischer Bearings Manufacturing Limited

Suppliant / Respondent (cargo Consignee)

Koninklijke Nederlandsche Stoomboot-Maatschappij N.V.

Third Party Defendant (owner of M/v Hermes)

Procedural Posture

Civil Appeal Maritime Collision (petition of Right Under Crown Liability Act) / Appeal to Supreme Court of Canada From Exchequer Court Judgment; Remitted for Assessment of Damages and Counterclaims

Legal Issues

  1. 1 Was misalignment of range light sole cause of collision or did navigational negligence contribute?
  2. 2 Did Crown breach duty in care/maintenance of aids to navigation and is Crown liable?
  3. 3 Are the pilots of Hermes and Transatlantic negligent and to what extent?

Ratio Decidendi

The misaligned Pointe du Lac front range light was an initial cause but not the sole cause; both Hermes and Transatlantic pilots were negligent in proceeding at full manoeuvring speed into narrow waters without ensuring safe positions; servants of the Crown breached duty in maintaining the range lights; liability therefore apportioned 50% to Crown, 30% to Hermes interests and 20% to Transatlantic interests; Crown cannot limit its liability under the Canada Shipping Act in respect of its delictual liability; cargo owners recover in full from the Crown, subject to set-off for shipowner fault; interest of 5% awarded from filing of petition of right under Civil Code art.1056c and Crown...

Court Disposition

Appeal allowed in part; Exchequer Court judgment varied and remitted for assessment and disposition of third party counterclaims; liability apportioned 50% Crown, 30% Hermes, 20% Transatlantic; interest awarded from date of petition of right; Crown not entitled to limit liability on basis advanced.

Orders

  • Suppliants (other than Fischer Bearings) entitled to 80% of assessed damages from the Crown; Fischer Bearings (cargo) entitled to full recovery from Crown with Crown entitled to deduct 20% from owners of Transatlantic
  • Third party proceedings against Koninklijke Nederlandsche Stoomboot-Maatschappij N.V. maintained; Crown entitled to recover 30% of total damages from third party subject to third party’s limitation counterclaim