Captain John McCann

The moving parties brought a motion for summary judgment regarding liability for damage caused to a ferry terminal by flowing ice.

The damage coincided with the transit of a convoy of vessels.

The Court determined that the matter was appropriate for summary judgment as there were no genuine issues for trial and credibility was not a determinative issue.

The Court found that there was insufficient evidence to conclude on a balance of probabilities that the passage of the convoy caused the ice to dislodge and damage the terminal.

The expert evidence did not establish a probable causal link.

The motion for summary judgment was granted and the action against the shipowners was dismissed.