N.V. Bocimar S.A. v. Century Insurance Co. of Canada (The Hasselt) - Fed.Ct. of Appeal (Pratte, Marceau & Hugesson JJ.) - 7 June 1984

General average - Fire on board vessel - Whether crew adequately trained in firefighting

The plaintiff owners of the vessel Hasselt sued the defendant insurers of the cargo owners for a general average claim relating to expenses incurred as a result of a fire on board the vessel. At first instance (see LMLN 66 - 13 May 1982) the trial judge dismissed the claim on the ground that the ship was unseaworthy by reason of the crew’s inadequate training in firefighting and that, since the plaintiffs had failed to establish what portion of the damage would not be attributable to unseaworthiness their whole claim failed. The plaintiffs appealed.