Kingdoc, S.S. v. Canada Steamship Lines Ltd. / Paterson Steamships Ltd. v. The SS. Oxford

Kingdoc, S.S. v. Canada Steamship Lines Ltd. / Paterson Steamships Ltd. v. The SS. Oxford

The Supreme Court restored the Local Judge's finding that the Oxford's abrupt and inconsistent manoeuvre after exchanging passing signals was the proximate cause of the collision; although the Kingdoc's casting off was inconsiderate, it was not the operative cause of the damage and therefore Kingdoc was not liable.

Citation
[1931] SCR 288
Parties
Defendant Appellant: SS Kingdoc; Plaintiff Respondent: Canada Steamship Lines, Ltd.; Plaintiff Appellant: Paterson Steamships, Limited; Defendant Respondent: SS Oxford
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 June 1930
Procedural Posture
Admiralty Collision Appeal / Appeal to the Supreme Court of Canada From Exchequer Court of Canada (on Appeal From Local Judge in Admiralty, Quebec Admiralty District)
Outcome
Appeals allowed with costs; judgment of the Local Judge in Admiralty restored; Exchequer Court judgment reversed.
Legal Topics
Collision Liability, Right of Way in Canal Navigation, Passing Signals (starboard to Starboard), Causation and Proximate Cause, Narrow Channel Rules
Source Language
English
Maritime Law Admiralty Tort — Negligence Transportation Law Collision Liability Right of Way in Canal Navigation Passing Signals (starboard to Starboard) Causation and Proximate Cause +1 more

Case Brief

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Parties

SS Kingdoc

Defendant Appellant

Canada Steamship Lines, Ltd.

Plaintiff Respondent

Paterson Steamships, Limited

Plaintiff Appellant

SS Oxford

Defendant Respondent

Procedural Posture

Admiralty Collision Appeal / Appeal to the Supreme Court of Canada From Exchequer Court of Canada (on Appeal From Local Judge in Admiralty, Quebec Admiralty District)

Legal Issues

  1. 1 Which vessel was at fault for the collision
  2. 2 Whether the Kingdoc's casting off was the operative cause of the collision
  3. 3 Effect of exchanged passing signals in a narrow canal

Ratio Decidendi

The Supreme Court restored the Local Judge's finding that the Oxford's abrupt and inconsistent manoeuvre after exchanging passing signals was the proximate cause of the collision; although the Kingdoc's casting off was inconsiderate, it was not the operative cause of the damage and therefore Kingdoc was not liable.

Court Disposition

Appeals allowed with costs; judgment of the Local Judge in Admiralty restored; Exchequer Court judgment reversed.

Orders

  • Appeals allowed with costs.
  • Judgment of the Local Judge in Admiralty (holding SS Oxford solely to blame) restored.