Marine Accident: Collision Regulations in Canada

The Collision Regulations (ColRegs) under the Canada Shipping Act 2001 serve an important purpose in promoting the safe navigation of vessels in international, coastal and non-coastal waters. Like laws governing vehicles on land, these rules of the sea reduce the risk of collision by requiring predictable behaviour. Mariners expect other mariners to follow the ColRegs. These expectations, if met, lead to fewer collisions and greater efficiency in shipping. The vast majority of fatal marine accidents occur on commercial vessels, specifically in the fishing industry.

Marine Collision in Québec

In an incident at the Gouin Reservoir in Québec, a group of fishermen in a rowboat were hit by a larger boat. The fishermen were injured and their boat was severely damaged. As the larger boat was headed directly towards their rowboat, the fishermen stood up, waved their arms, whistled and shouted to get the attention of the boat’s captain. They had noticed the boat heading straight towards them from an estimated 1.5 km away. The rowboat was anchored in place, and would not have been able to move out of the way to avoid collision.

The boat continued in its path, without any attempt to slow down or avoid the rowboat. In the last moments before impact, the fishermen jumped out of the rowboat and into the water. A third party that was also fishing, noticed the collision and headed to the scene to rescue the fishermen. They saw one of the fishermen at the bottom of the boat screaming in pain. He was eventually transported to the hospital, where he stayed for two days. He had injured his leg and shoulder, and claimed his shoulder continued to cause pain for four years after the incident.

Federal Maritime Law: Who has the Presumption of Fault?

Since this was a collision between boats, federal maritime law applied to the case. The fishermen chose to sue the boat’s driver for the property damage and injuries sustained.

When a moving ship collides with a stationary ship, the moving ship is presumed to be at fault. To defend this claim, the defendant had the burden of reversing the presumption of fault. The defendant argued that he didn’t see or hear the fishermen in the rowboat. Even after the collision, he thought that it was simply a rock or tree trunk that he hit. He claimed that since the boat was aluminum, the boat was difficult to see and the fishermen were not wearing brightly coloured life jackets to maximize visibility. The third party witness explained in court that the visibility was good at the time of the collision. They claimed that they had easily seen the small rowboat from approximately 1 km away.

The Court’s Opinion

The judge ruled that the defendant failed to fulfill his obligations according to the ColRegs. The defendant did not prove that this collision was the plaintiff’s fault, or that it was an unavoidable accident. The defendant caused the accident by not paying close attention, and wasn’t using the appropriate equipment to avoid such collisions. He wasn’t using GPS tools which could have detected the rowboat and alerted him before the collision. The court deemed the defendant’s negligence as the sole cause of the collision and awarded the plaintiffs about $50,000 in damages.

How You Can Learn from This Case

While the victims of the collision won their case and received compensation, it’s always preferable to avoid a collision all together. For those planning fishing trips with their friends, we encourage you to wear brightly coloured life jackets at all times on the water. Equipping yourself with loud whistles, or an air horn can help to prevent a marine collision. If you’re someone who operates a large vessel, even if you’re on a familiar route, always use the proper equipment to ensure no accidents take place. It can be difficult to spot small rowboats, however, with the proper equipment and awareness it should not be a problem.

Looking for more information? Read our page on the basics of marine law.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.