PERDIGAO v. CANADIAN OFFSHORE MARINE LTD. AND OFFSHORE MARINE LTD. (THE "PACIFIC SHORE")

[1975] 1 Lloyd's Rep. 192

CANADA FEDERAL COURT TRIAL DIVISION

Before Mr. Justice Urie

Canada - Negligence - Seaman injured in rough seas while loading container onto vessel - Whether master of vessel should have attempted operation in weather conditions prevailing - Accident occurring due to freak wave - Whether seaman's employers and vessel's owners liable. Canada - Damages - Personal injuries - Seaman's left foot injured - Quantum of damages for loss of earnings and for pain and suffering - Whether earning capacity reduced - Whether seaman had taken steps to mitigate damages.