Ayant consid6r6 les arguments soumis h 1'audition, les raisons de jugement donn6es en Cour d'Appel, nous sommes tous d'avis que rien au dossier ne justifie de soulever les griefs relatifs aux questions de droit invoques au soutien de Fauteux J. la requite.
La requite pour permission d'appeler est rejetie.
Requdte rejet6e. KINGCOME NAVIGATION COM- OM_ ~
PANY LIMITED (Defendant) ..
E 'AT AND
GEORGE PERDIA (Plaintiff) ...........
RESPONDENT. ON APPEAL FROM THE EXCHEQUER COURT OF CANADA, BRITISH COLUMBIA ADMIRALTY DISTRICT
Shipping-Collision of ships in dense fog-Narrow channel-Liability. The tug-boat Ivanhoe, owned by the defendant company, collided, as she was leaving Vancouver Harbour in a dense fog, with the inbound fishing vessel Western Spray, of which the plaintiff was the owner and master. The collision occurred as the ships were passing through a narrow channel. The trial judge, sitting with two assessors, fixed the liability of the Ivanhoe at 85 per cent and that of the Western Spray at per cent. The defendant company appealed to this Court. Held: The appeal should be dismissed.
The apportionment of liability should not be varied. The fault of the Western Spray in being too close to the mid-channel, as found by the trial judge and against which finding the plaintiff did not appeal, was in no way comparable to that of the Ivanhoe. The latter ship was operating in a dense fog at a speed which prevented her from slowing down or altering course effectively within the area of the prevailing visibility; she was not keeping to her proper side of mid-channel; had no look-out and was depending upon a radar which was not properly tended.
Abbott, Martland, Judson, Ritchie and Hall JJ.
S.C.R.