John Joseph Blair Whitbread v. Robert Norman Walley & Others (The Calrossie) - Fed.Ct. of Appeal (Carrothers, McLachlin and Wallace JJ.) - 12 May 1988

Limitation of Liability - Pleasure cruiser - Whether within the terms of the Canada Shipping Act - Whether limitation constitutional - Whether violation of basic rights

On 27 March 1983, Whitbread took a 32 foot pleasure craft, the Calrossie from its moorings in Coal Harbour and set out for the Wigwam Inn at the North end of the Indian Arm, a navigable arm of the sea. During the trip, he asked one of the passengers, Walley, to take over the helm. Whitbread then moved away from the controls and went to sleep. The Calrossie ran aground with Walley at the controls and Whitbread suffered spinal injuries leading to quadreplegia.