Oak Bay Marine Group and Others v Jackson and Others - Fed Ct (Trial Div) (Strayer J) - 25 March 1994

Limitation action struck out as abuse of process

In May 1989 Mr and Mrs Jackson, who were passengers for purposes of fishing on the vessel Ucluelet Princess, suffered a severe fall. The vessel was headed into a large wave and when it cleared the crest of the wave it dropped into the following trough, throwing the Jacksons in the air and then causing them to fall. They sustained personal injuries. On 28 June 1990 the Jacksons commenced an action against the owner and operators of the vessel. Judgment was given for the Jacksons. The judge held that there was no negligence on the part of the defendants with respect to the decision to put out to sea. His only finding of negligence was with respect to the manner in which the Master of the vessel navigated. He found that the Master should have throttled back his engines much more rapidly when he saw the large wave approaching. There was no other finding of negligence on the party of anyone.