MARPOLE TOWING LTD. v. BRITISH COLUMBIA TELEPHONE CO. AND OTHERS (THE "CHUGAWAY II")

[1973] 2 Lloyd's Rep. 159

CANADASUPREME COURT

Before Mr. Justice Martland, Mr. Justice Ritchie, Mr. Justice Spence,1 Mr. Justice Pigeon and Mr. Justice Laskin1

Limitation of liability - "Actual fault or privity" - Collision between tow and bridge - Practice of calculating clearance by counting planks on previous bridge - Tugmaster over-estimated height of bridge above flood - Duty of tug-owners to instruct master in matters of navigation. Crown - Crown prerogative - Application to statute - Whether limitation sections of Canada Shipping Act, R.S.C., 1952, take away cause of action vested in Crown - Whether restriction of Crown's prerogative.