A collision occurred between the K., which was ascending the Lachine Canal at its western exit and the 0. which had just begun her descent from Lake St. Louis, about 330 a.m., on 5th June, 1927. The K., being light, had moored previously to the south revetment wall of the canal near the place of collision on account of wind and rain, the night being also dark. When the 0., approaching the entrance to the canal, came into relation with the K., the weather had cleared so far as to enable the K. safely, in the judgment of her master and pilot, to proceed upon her voyage; and, accordingly, her master gave the order to cast off. The K. then gave two blasts of her whistle, signalling her desire to pass on the starboard side of the 0., a signal which the latter promptly answered in like manner, the two ships thus agreeing that they should pass green to green. The K. was shouldering her way along the canal wall and the 0. was coming down on the opposite side, when suddenly the 0. gave an alarm or danger signal of five or six blasts and reversed her engine at full speed astern. There was then, according to the findings, ample room, in canal navigation, between the starboard side of the K. and the blocks marking the northern side of the channel for the 0. to pass. The result of the manoeuvre of the 0. was that her stern struck the K's. starboard bow, forcing the K. against the south wall, where her stern struck. Both ships sustained damage and there was an action and a crossaction, which were tried together.
The Local Judge in Admiralty at Montreal found the 0. solely to blame. This judgment was reversed by the Exchequer Court of Canada, Audette J., who held that the K. was "at fault for a collision which would not have happened had she lain fast at her berth and delayed casting off but a few minutes,
* * * with the knowledge (she had) of a downbound vessel coming in at the time with the current, having thereby the right of way."
*PRESENT:-Duff, Newcombe, Lamont, Smith and Cannon JJ.