The Canadian Salt Co Ltd and Ors v The ship “Irving Cedar” and ors - Federal Court (Trial Div)(O’Keefe J) - 6 September 2000

Tug vessel engaged by plaintiff on terms of Towcon collided with plaintiff’s dock - Whether tug owners liable in negligence - Whether claim time-barred

The plaintiffs brought in rem and in personam proceedings against the defendants for damages sustained to their dock and dockside equipment on 7 April 1993 when the dock was struck by the defendants’ tug Irving Cedar when it was breaking ice for the plaintiff. The parties had contracted (as the judge found) on the Towcon form to carry out ice breaking in the channel and in the area of the plaintiffs’ wharf and basin, and to assist a vessel in docking at the wharf. The relevant provisions of the Towcon contract were as follows: