Saint John Pilot Commissioners v. Cumberland Railway & Coal Co.

Saint John Pilot Commissioners v. Cumberland Railway & Coal Co.

Barges towed by steamers or tugs between the specified ports are exempt from compulsory pilotage under R.S.C. ch. 80 s.59 because, in practice, their propulsion is wholly or in part by steam (the towing steamer), and the word 'navigated' in s.58 must be read in context to encompass only vessels for which a pilot's services could meaningfully be offered and exercised.

Citation
(1906) 38 SCR 169
Parties
Defendants; Appellants: Saint John Pilot Commissioners; Plaintiffs; Respondents: Cumberland Railway and Coal Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 December 1906
Procedural Posture
Appeal / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick
Outcome
Appeal dismissed; judgment of the Supreme Court of New Brunswick affirmed
Legal Topics
Pilotage Dues, Exemption From Pilotage, Interpretation of 'propelled by Steam', Towing and Navigation, Liability to Pilots
Source Language
English
Pilotage Maritime Law Admiralty Law Statutory Interpretation Transportation Law Pilotage Dues Exemption From Pilotage Interpretation of 'propelled by Steam' +2 more

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Parties

Saint John Pilot Commissioners

Defendants; Appellants

Cumberland Railway and Coal Company

Plaintiffs; Respondents

Procedural Posture

Appeal / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether barges towed by steamers or tugs are exempt from compulsory pilotage under R.S.C. ch. 80 s.59
  2. 2 Whether the phrase 'propelled wholly or in part by steam' requires the steam power to be aboard the vessel itself
  3. 3 Whether a towed barge constitutes a vessel 'navigated within the pilotage district' for pilotage liability purposes

Ratio Decidendi

Barges towed by steamers or tugs between the specified ports are exempt from compulsory pilotage under R.S.C. ch. 80 s.59 because, in practice, their propulsion is wholly or in part by steam (the towing steamer), and the word 'navigated' in s.58 must be read in context to encompass only vessels for which a pilot's services could meaningfully be offered and exercised.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of New Brunswick affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Supreme Court of New Brunswick (37 N.B. Rep. 406) affirmed