The appellant ship owner appealed a decision denying him the right to limit his liability under the Canada Shipping Act after his vessel collided with and sank the respondents' anchored vessel.
The collision occurred while the appellant's vessel was navigated by two inexperienced crew members.
The Supreme Court of Canada dismissed the appeal, holding that the appellant's decision to employ inexperienced crew and leave them in charge of the ship constituted fault on his part.
Consequently, he failed to discharge the heavy burden of proving the collision occurred without his actual fault or privity.
