Date: 20130916
Docket: A-446-12
Citation: 2013 FCA 218
CORAM: NADON J.A.
PELLETIER J.A.
GAUTHIER J.A.
BETWEEN:
GRIEG SHIPPING A/S
Appellant
and
THE OWNERS AND ALL OTHERS INTERESTED IN THE
SHIP "DUBAI FORTUNE" and FORTUNE MARITIME LTD.
Respondents
Heard at Vancouver, British Columbia, on September 16, 2013.
Judgment delivered from the Bench at Vancouver, British Columbia, on September 16, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20130916
Docket: A-446-12
Citation: 2013 FCA 218
CORAM: NADON J.A.
PELLETIER J.A.
GAUTHIER J.A.
BETWEEN:
GRIEG SHIPPING A/S
Appellant
and
THE OWNERS AND ALL OTHERS INTERESTED IN THE
SHIP "DUBAI FORTUNE" and FORTUNE MARITIME LTD.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on September 16, 2013)
NADON J.A.
[1] We see no reviewable error on the part of the Judge in concluding that there was no vicarious liability on the part of the owners of the “Dubai Fortune” in respect of the collision between the tug “Tiger Shark” and the appellant’s ship the “Star Hansa”.
[2] In our view, there was evidence to support the Judge’s finding that the collision resulted from an error in navigation by those in command of the “Tiger Shark”.
[3] As we have not been persuaded that the Judge either erred in law or made a palpable and overriding error, the appeal will be dismissed with costs.
"M. Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-446-12
(APPEAL FROM AN ORDER OF THE FEDERAL COURT (THE HONOURABLE MR. JUSTICE LEMIEUX) DATED September 21, 2012, DOCKET NO. T-1174-07)
STYLE OF CAUSE: Grieg Shipping A/S v.
The Owners And All Others Interested In The Ship “Dubai Fortune” and Fortune Maritime Ltd.
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: September 16, 2013
REASONS FOR JUDGMENT OF THE COURT BY: (NADON, PELLETIER, GAUTHIER JJ.A.)
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
|
Gregory J. Tucker Zachary Ansley
|
FOR THE APPELLANT
|
|
W. Gary Wharton David Jarrett |
FOR THE RESPONDENTS
|
SOLICITORS OF RECORD:
|
Owen Bird Law Corporation Vancouver, British Columbia
|
FOR THE APPELLANT
|
|
Bernard & Partners Vancouver, British Columbia |
FOR THE RESPONDENTS
|