Ultramar Canada Inc. v. Czantoria ( The )
T-868-88
Joyal J.
14/10/94
58 pp.
Action in damages following incident in May 1988 on St-Lawrence River at St-Romuald, Quebec-Ship Czantoria, loaded with crude oil and in process of berthing at Ultramar's dock, coming into contact with dock, causing damage to dock face and perforating part of hull on portside of ship-Perforation of ship's hull causing serious oil spill, contamination and pollution to Port of Québec installations and to St-Lawrence shoreline-Costs of $1.7 million shared by plaintiffs Ultramar and defendant Czantoria pending adjudication as to liability for spill and damages-Czantoria counterclaiming for damages for ship repairs, loss of use, costs of clean-up on grounds Ultramar's berthing facilities unsafe-Third party proceedings also taken by Czantoria against APL (Administration de pilotage des Laurentides) on ground communications equipment provided by APL to docking pilot defective-Fourth party proceedings taken by APL against docking pilot for same relief-Ultramar's installations specifically for purpose of discharging crude oil from crude oil carriers and loading refined oil onto petroleum product ships-Ample evidence of Ultramar's constant awareness of operational safety requirements and concern of meeting standard of care imposed by handling of products-When moving object goes out of control and causes damage to stationary one, person in control must establish by positive evidence damage not due to own act or omission-Ultramar consignee of crude oil cargo aboard Czantoria-Berthing cases resting on particular facts-Matter of evidence-Court finding Czantoria hit dock, under ideal conditions, in state of seaworthiness, with experienced master and docking pilot on board-Burden on defendants to rebut presumption of liability thereby created and to establish on balance of probabilities resulting damages attributable to Ultramar's want of care or to APL's negligence in providing docking pilot with faulty equipment-Czantoria could not absolve itself of any liability-Breakdown of radio telephone not causing or contributing to accident-Occurred during berthing process when collision became inevitable-Duty of care on dock owner not to make it guarantor for mishap arising out of faulty navigation-Anomaly existing at cell No. 4 with respect to defences installed on mainstream or discharging side of berth-Contrary to fendering system on other cells, cell No. 4 not having upper defences-Plaintiffs partly responsible for accident-Upper fendering at deck level of cell No. 4 would have reduced perforation of ship's hull and volume of oil spill-Plaintiffs' liability fixed to 20% of losses sustained-Not case of contributory negligence-Plaintiff Ultramar entitled to 80% of damages-Ship Czantoria entitled to 20% of damage claim-Third party claim by Czantoria against APL dismissed-Fourth party claim against pilot dismissed.