S.S. Benmaple v. Ship Lafayette / Maple Leaf Milling Co. Ltd. v. Ship Lafayette

S.S. Benmaple v. Ship Lafayette / Maple Leaf Milling Co. Ltd. v. Ship Lafayette

The Supreme Court held the Lafayette was partly at fault: upon hearing the Benmaple's fog signal she should have stopped until the position of the signaling vessel was ascertained with certainty; the Exchequer Court erred in exonerating the Lafayette and the trial judge's apportionment (Benmaple 75%, Lafayette 25%) should be restored.

Citation
[1941] SCR 66
Parties
Appellant / Plaintiff (owners of SS Benmaple): Port Colborne & St. Lawrence Navigation Company Limited; Additional Plaintiffs / Appellants: Master, Officers, Members Of The Crew, and Passengers of the SS Benmaple; Appellants / Plaintiffs: Maple Leaf Milling Company Limited and others (owners of cargo on Benmaple); Respondent / Defendant / Counter Claimant (owners of Ship Lafayette): La Compagnie Générale Transatlantique; Respondent / Defendant: Ship Lafayette
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 November 1940
Procedural Posture
Admiralty Collision Appeal / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada (on Appeal From Trial in Quebec Admiralty)
Outcome
Appeals allowed; judgment of the Exchequer Court reversed; judgments of the trial court restored.
Legal Topics
Collision at Sea, Fog Signals, International Rules of the Road (article 16), Apportionment of Fault, Weight of Affirmative Vs Negative Testimony, Falsification of Logs
Source Language
English
Maritime Law Admiralty Shipping Torts Evidence Collision at Sea Fog Signals International Rules of the Road (article 16) +3 more

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Parties

Port Colborne & St. Lawrence Navigation Company Limited

Appellant / Plaintiff (owners of SS Benmaple)

Master, Officers, Members Of The Crew, and Passengers of the SS Benmaple

Additional Plaintiffs / Appellants

Maple Leaf Milling Company Limited and others (owners of cargo on Benmaple)

Appellants / Plaintiffs

La Compagnie Générale Transatlantique

Respondent / Defendant / Counter Claimant (owners of Ship Lafayette)

Ship Lafayette

Respondent / Defendant

Procedural Posture

Admiralty Collision Appeal / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada (on Appeal From Trial in Quebec Admiralty)

Legal Issues

  1. 1 Whether the Lafayette was at fault for proceeding at half speed after hearing a fog signal
  2. 2 Whether the Benmaple gave proper and regular fog signals
  3. 3 Interpretation and application of Article 16 of the International Rules of the Road (moderate speed/stop and proceed with caution)

Ratio Decidendi

The Supreme Court held the Lafayette was partly at fault: upon hearing the Benmaple's fog signal she should have stopped until the position of the signaling vessel was ascertained with certainty; the Exchequer Court erred in exonerating the Lafayette and the trial judge's apportionment (Benmaple 75%, Lafayette 25%) should be restored.

Court Disposition

Appeals allowed; judgment of the Exchequer Court reversed; judgments of the trial court restored.

Orders

  • Set aside judgment of Angers J. (Exchequer Court of Canada) [1939] Ex. C.R. 355
  • Restore judgment of Demers J. (Quebec Admiralty) finding Benmaple 75% at fault and Lafayette 25% at fault