Adventurer Owner Ltd v. Canada

Adventurer Owner Ltd v. Canada

Although Crown servants once the shoal was discovered owed a duty to warn, the Court found that issuance of NOTSHIP A102/07 (and related NAVAREA broadcast) discharged that duty; the sole cause of the grounding was the shipowners’ and bridge team’s failure to ensure Canadian Hydrographic Chart 7777 was up-to-date as required by Charts and Nautical Publications Regulations, 1995 s7, and the ship was negligent for proceeding at cruising speed in insufficiently charted waters; accordingly the owners' action was dismissed and the Crown's action maintained, with a monetary judgment for CDN$445,361.64 plus interest and enforcement against the vessel if unpaid.

Citation
2017 FC 105
Parties
Plaintiff (t 901 11); Defendant in Personam (t 1149 12): Adventurer Owner Ltd; Defendant (t 901 11); Plaintiff in Personam and in Rem (t 1149 12): Her Majesty the Queen in Right of Canada; Defendant in Rem (t 1149 12): M/V Clipper Adventurer; Interested Party/administrator (t 1149 12): Administrator of the Ship-Source Oil Pollution Fund
Court
Federal Court
Jurisdiction
Canada
Judgment Date
27 January 2017
Procedural Posture
Action in Personam and in Rem (maritime/admiralty) / Judgment and Reasons Following Trial (federal Court)
Outcome
Adventurer Owner Ltd action (T-901-11) dismissed; Her Majesty the Queen in Right of Canada action (T-1149-12) maintained in personam and in rem; judgment awarded to Crown in amount CDN$445,361.64 with pre- and post-judgment interest; vessel subject to sale to satisfy judgment if unpaid.
Legal Topics
Duty to Warn, Notices to Shipping Vs Notices to Mariners, Charts and Nautical Publications Compliance, Causation and Contributory Negligence, Ship Source Pollution Liability, Foreign Currency Conversion for Damages, Interest Awards
Source Language
English
Maritime Law Negligence Administrative Law Statutory Interpretation International Maritime Conventions (solas) Duty to Warn Notices to Shipping Vs Notices to Mariners Charts and Nautical Publications Compliance +4 more

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Parties

Adventurer Owner Ltd

Plaintiff (t 901 11); Defendant in Personam (t 1149 12)

Her Majesty the Queen in Right of Canada

Defendant (t 901 11); Plaintiff in Personam and in Rem (t 1149 12)

M/V Clipper Adventurer

Defendant in Rem (t 1149 12)

Administrator of the Ship-Source Oil Pollution Fund

Interested Party/administrator (t 1149 12)

Procedural Posture

Action in Personam and in Rem (maritime/admiralty) / Judgment and Reasons Following Trial (federal Court)

Legal Issues

  1. 1 Whether Crown servants owed a duty to warn mariners of the discovered shoal
  2. 2 Whether issuance of NOTSHIP A102/07 and NAVAREA warnings discharged any duty to warn
  3. 3 Whether the master/owners breached statutory duty to keep charts up-to-date under Charts and Nautical Publications Regulations, 1995 s7

Ratio Decidendi

Although Crown servants once the shoal was discovered owed a duty to warn, the Court found that issuance of NOTSHIP A102/07 (and related NAVAREA broadcast) discharged that duty; the sole cause of the grounding was the shipowners’ and bridge team’s failure to ensure Canadian Hydrographic Chart 7777 was up-to-date as required by Charts and Nautical Publications Regulations, 1995 s7, and the ship was negligent for proceeding at cruising speed in insufficiently charted waters; accordingly the owners' action was dismissed and the Crown's action maintained, with a monetary judgment for CDN$445,361.64 plus interest and enforcement against the vessel if unpaid.

Court Disposition

Adventurer Owner Ltd action (T-901-11) dismissed; Her Majesty the Queen in Right of Canada action (T-1149-12) maintained in personam and in rem; judgment awarded to Crown in amount CDN$445,361.64 with pre- and post-judgment interest; vessel subject to sale to satisfy judgment if unpaid.

Orders

  • Judgment for Her Majesty the Queen in Right of Canada in the amount of CDN$445,361.64
  • Pre-judgment interest at simple annual rate of 5% commencing September 17, 2010 on the Crown award