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Operator and owner of vessel found 50/50 liable for fatal breakwater collision; government defendants dismissed.
The plaintiffs brought negligence actions following a fatal nighttime boating accident where a pleasure craft struck a breakwater, resulting in three deaths and two serious injuries.
The plaintiffs sued the estates of the vessel's operator and owner, as well as the federal, provincial, and municipal governments.
On summary judgment motions for liability, the court found the operator and the owner/master jointly and severally liable, apportioning fault equally at 50 percent each, due to their failure to keep a proper lookout, travelling at an unsafe speed, and the operator's impairment.
The actions against the government defendants were dismissed, as the court found that the existing navigation lights were visible and any alleged failures regarding the breakwater's illumination or background lighting did not cause or contribute to the collision.
Plaintiffs ordered to pay $18,000 in costs for successful motion to file late expert report.
The plaintiffs brought a successful motion for leave to file a late expert report and affidavit.
The court determined the costs of that motion.
Finding that the relief granted to the plaintiffs was an indulgence to ensure trial fairness, and noting the unreasonable delay by plaintiffs' counsel in delivering the report, the court ordered the plaintiffs to pay the defendants' costs of the motion.
The defendants were awarded a total of $18,000 in costs.
