Gartland Steamship Co. v. The Queen

Gartland Steamship Co. v. The Queen

Majority held both the bridge operator and the ship's master were negligent, apportioned fault two-thirds to the bridge operator and one-third to the ship, held the Crown could recover one-third of its proven monetary loss under the Ontario Negligence Act despite contributory negligence, dismissed the Crown's challenge to limitation under the Canada Shipping Act (ss.649,651), and disallowed damages for loss of use as non-monetary public inconvenience; judgment was varied to award the Crown $112,607.83 plus costs and to dismiss the cross-appeal on limitation.

Citation
[1960] SCR 315
Parties
Defendant Appellant: Gartland Steamship Company; Defendant Appellant (master): Albert P. Lablanc; Plaintiff Respondent: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 January 1960
Procedural Posture
Civil Appeal (maritime Tort/damages) / Supreme Court of Canada Judgment on Appeal From Exchequer Court of Canada
Outcome
Appeal allowed in part (majority); cross-appeal dismissed; judgment varied to reduce award and apportion liability; Locke and Martland JJ. dissenting
Legal Topics
Collision With Fixed Structure, Negligence, Contributory Negligence, Limitation of Liability, Damages Loss of Use, Navigation Regulations, Bywell Castle Rule
Source Language
English
Maritime Law Tort Law Administrative Law Transportation Law Collision With Fixed Structure Negligence Contributory Negligence Limitation of Liability +3 more

Case Brief

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Parties

Gartland Steamship Company

Defendant Appellant

Albert P. Lablanc

Defendant Appellant (master)

Her Majesty The Queen

Plaintiff Respondent

Procedural Posture

Civil Appeal (maritime Tort/damages) / Supreme Court of Canada Judgment on Appeal From Exchequer Court of Canada

Legal Issues

  1. 1 Whether the ship was negligent in speed and lookout
  2. 2 Whether the bridge operator was negligent in failing to warn and manipulate signals
  3. 3 Whether contributory negligence by Crown servants barred recovery at common law

Ratio Decidendi

Majority held both the bridge operator and the ship's master were negligent, apportioned fault two-thirds to the bridge operator and one-third to the ship, held the Crown could recover one-third of its proven monetary loss under the Ontario Negligence Act despite contributory negligence, dismissed the Crown's challenge to limitation under the Canada Shipping Act (ss.649,651), and disallowed damages for loss of use as non-monetary public inconvenience; judgment was varied to award the Crown $112,607.83 plus costs and to dismiss the cross-appeal on limitation.

Court Disposition

Appeal allowed in part (majority); cross-appeal dismissed; judgment varied to reduce award and apportion liability; Locke and Martland JJ. dissenting

Orders

  • Judgment for the plaintiff in the sum of CAD 112,607.83
  • Costs of the trial and other proceedings prior to appeal awarded to the plaintiff