Continental Bank of Canada, et al. v. Riedel International Inc. et al. (The Green Giant) - Federal Court (Trial Division) (Dubé J.) - 4 March 1988

Limitation action - Whether collision occurring without “actual fault and privity” on the part of the owners

The Bank was the owner of the tug, Westminster Tyee , which was chartered to Rivtow Straits Ltd. (“Rivtow”). On 21 January 1983, while towing the barge Green Giant , the Westminster Tyee allowed the boom of a crane mounted on the deck of the Green Giant to strike the Lion’s Gate Bridge at Vancouver BC. This action in limitation of liability, was brought pursuant to section 648 of the Canada Shipping Act.