Algoma Central Corp. v. Prestigious ( The )
T-2287-88
Strayer J.
25/3/94
29 pp.
Action for damages plus interest involving hull damage caused to plaintiff's vessel -- Grounding caused by interaction with defendants' ship passing plaintiff's vessel -- Cost of repairs to hull amounting to $1,271,271.85 -- To what extent defendant, plaintiff responsible for damage -- Collision Regulations, R. 2(a) making clear every vessel has responsibility, inter alia to exercise such care as required by special circumstances or by ordinary practice of seamen -- Plaintiff was navigating normally and safely -- Defendant failed to observe RR. 5, 6 and 13; combinaison of failure to observe danger of situation (narrow channel) combined with fixed speed some five knots in excess of speed of plaintiff which put defendant in position of being unable to avoid accident during overtaking becoming inevitable -- Defendant failed to act in reasonable way and neglected to take precautions required by circumstances, general obligation imposed by R. 2(a) -- Plaintiff's negligence in not answering to radiotelephone signal sent by defendant contributed to accident -- Plaintiff acted with promptitude in circumstances ("agony of collision") and defendant cannot demand higher standard of care -- Defendant liable for payment of 80% of damages amounting to $1,271,271.85 -- Collision Regulations, C.R.C., Sch. I, c. 1416, RR. 2(a), 5, 6, 13 (as am. by SOR/83-202).