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

[2014] 2 Lloyd's Rep. 315

SUPREME COURT OF CANADA

Before Chief Justice MCLACHLIN,Justice ROTHSTEIN,Justice ,Justice ,Justice

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.