Pacific Wind, Ship v. Johnson et al.

Pacific Wind, Ship v. Johnson et al.

Trial judge's factual findings that both vessels were negligent stood and he correctly concluded, having regard to all circumstances and expert assessors, that different degrees of fault could not be established; under s.648(2) liability must be apportioned equally—appeal dismissed.

Citation
[1967] SCR 54
Parties
Appellant/defendant: Pacific Wind, Ship; Respondents/plaintiffs: Erik Johnson; Forest James Ferguson; Gilbert George; Jerome Bond; James E. Rielly
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 November 1966
Procedural Posture
Maritime Collision Appeal / Appeal to Supreme Court of Canada From Exchequer Court (trial Judgment)
Outcome
Appeal dismissed
Legal Topics
Collision at Sea, Negligence, Apportionment of Liability, Canada Shipping Act S.648(2), Narrow Channel Rules (rule 25 A)
Source Language
English
Maritime Law Transportation Admiralty Law Shipping Law Collision at Sea Negligence Apportionment of Liability Canada Shipping Act S.648(2) +1 more

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Parties

Pacific Wind, Ship

Appellant/defendant

Erik Johnson; Forest James Ferguson; Gilbert George; Jerome Bond; James E. Rielly

Respondents/plaintiffs

Procedural Posture

Maritime Collision Appeal / Appeal to Supreme Court of Canada From Exchequer Court (trial Judgment)

Legal Issues

  1. 1 Was Pacific Wind negligent in respect of the collision?
  2. 2 Whether different degrees of fault between vessels could be established under s.648(2) of the Canada Shipping Act
  3. 3 Application of Rule 25A (narrow channel) and duty to act positively and in ample time

Ratio Decidendi

Trial judge's factual findings that both vessels were negligent stood and he correctly concluded, having regard to all circumstances and expert assessors, that different degrees of fault could not be established; under s.648(2) liability must be apportioned equally—appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs