Peracomo Inc and Others v Societe Telus Communications and Others (The "Realice") - Federal Court of Appeal (Letourneau, Gauthier and Trudel JJA) - 29 June 2012

Limitation of liability - Conduct barring limitation - Fishing vessel's gear getting hooked on submarine fibre optic cable - Master of fishing vessel cutting submarine cable to release gear - Owners of cable bringing proceedings in personam and in rem - Whether defendants liable - Whether defendants precluded from limiting liability - Whether underwriters entitled to deny coverage

In October 1999 a submarine fibre optic cable was laid across the St Lawrence River at Baie-Comeau. The respondents owned or had the right to use the cable.