The Continental Bank of Canada and others v. H.M. Queen in right of the province of British Columbia (The Westminster Tyee) - Federal Court of Appeal (Heald, Hugessen and Stone JJ.A.) - 21 February 1991

Limitation action - Crane boom of barge under tow struck bridge - Whether unforeseen navigational error on part of tugmaster or “actual fault” on part of tugowners

This appeal arose out of a mishap which occurred at the Port of Vancouver on 21 January 1983 when the boom of a crane mounted on the deck of a barge struck the Lions Gate Bridge while in the tow of the tug Westminster Tyee . The tug had been contracted to tow the barge from the Fraser River to a shipyard for repairs.