Grieg Shipping A/S v. Dubai Fortune (Ship), 2013 FCA 218

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"

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:

SOLICITORS OF RECORD: