PERACOMO INC AND OTHERS v TELUS COMMUNICATIONS CO AND OTHERS (THE "REALICE")

[2014] Lloyd's Rep Plus 56

SUPREME COURT OF CANADA

Before Chief Justice McLachlin, Justice Rothstein, Justice Cromwell, Justice Karakatsanis and Justice Wagner

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 master personally liable - Whether defendants precluded from limiting liability - Whether insurers entitled to deny coverage on basis of wilful default - Convention on Limitation of Liability for Maritime Claims 1976, article 4.