Lloyd's Maritime Law Newsletter
Great Lakes Towing Company v. The Rhone - Supreme Court of Canada (La Forest, L’Heureux Dube, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.) - 25 February 1993
Collision action - Limitation of liability - Actual fault or privity - Whether all vessels in flotilla should be taken into account in determining extent of liability
The moored vessel
Rhone
was struck by the barge
Peter A.B. Widener
(“
Widener
”) in the Port of Montreal. At the time of the collision, the
Widener
was being towed by four tugs. Two of the four tugs, the
South Carolina
and the
Ohio
, were owned by Great Lakes Towing Company (“Great Lakes”). The master of the
Ohio
acted as
de facto
master of the flotilla. His navigational errors, compounded by a malfunction of his tug’s towing apparatus, caused the collision.