In a previous judgment, [19401 S.C.R. 153, this Court held that the Crown was liable in damages to the suppliant by reason of the suppliant's vessel having struck a submerged portion of a jetty; but (by a majority) refused to allow the amount claimed, which was for a total loss of the vessel and its equipment, which occurred; the Court sustaining a finding at trial that after the collision the vessel's officers were negligent in not discovering sooner than they did the extent of the damage and in continuing the voyage; and being of opinion that the total loss would have been avoided had an attempt been made to return the vessel to the wharf or to beach it; and remitted the case for determination of the damages on the basis of the suppliant being entitled to all such damages as were directly and naturally attributable to the collision.
The present appeal was by the suppliant from the subsequent determination of the damages. Held: The trial Judge had, in assessing the damages in respect of the vessel itself, correctly appreciated and properly applied the directions of this Court; and had also properly disallowed interest on the amount awarded: the Crown is not liable to pay interest unless the statute or contract provides for it; but the amount awarded should be increased by allowance for loss of certain supplies; and also by allowance for loss of profits during the period which would have been required for repairs: the fact that the suppliant's petition of right was submitted on behalf of and for the benefit of underwriters (subrogated to the suppliant's rights) did not justify disallowance for such loss of profits; the underwriters stood in the place of the suppliant and were "entitled to succeed to all the ways and means by which the person indemnified might have protected himself against or reimbursed himself for the loss" (Simpson v. Thomson, 3 App. Cas. 279, at 284).
APPEAL by the suppliant from a judgment of Angers J. in the Exchequer Court of -Canada.
The action had been brought by way of petition of right to recover damages against the Crown (in the right of the Dominion of Canada) for the loss of the suppliant's towboat Ostrea (which was equipped for salvage operations) Kerwin. Hudson, Taschereau and Rand JJ.