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

[1969] 2 Lloyd's Rep. 526

CANADA EXCHEQUER COURT (ADMIRALTY)

Before Deputy Judge F. A. Sheppard

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.