STEIN AND OTHERS v. THE "KATHY K" (ALSO KNOWN AS "STORM POINT") AND "S.N. NO. 1", EGMONT TOWING & SORTING LTD., SHIELDS NAVIGATION LTD., HELSING AND IVERSON (THE "KATHY K")

[1976] 1 Lloyd's Rep. 153

CANADASUPREME COURT

Before Mr. Justice Martland, Mr. Justice Judson, Mr. Justice Ritchie, Mr. Justice Spence and Mr. Justice Dickson

Collision - Canada - Yacht in collision with towed barge - Yacht's crew killed - Whether tug-owner liable - Faulty lookout - Excessive speed - Failure to sound signals - Towrope too long - Collision Regulations, 1960, rules 12, 20, 22, 23, 29 - National Harbour Board Regulations, regulations 35 (1), 37 (1). Limitation of liability - Canada - Collision between yacht and towed barge - "Actual fault or privity" of tug-owner - Right of tug-owner and master to limit liability - Tow-rope too long - Tug not supplied with copy of Collision Regulations, 1960 - Minimum crew not present - No whistle on flying bridge - Master insufficiently experienced - Alternative means of activating whistle not supplied - Canada Shipping Act (R.S.C. 1970, cap. S-9) ss. 647 (2), 649 (1), 651 (1).