Firm News

Bernard LLP Lawyers Successful in Responding to the Appeal of Grieg Shipping A/S v. The Owners and All Others Interested in the Ship “Dubai Fortune” and Fortune Maritime Ltd.

September 18th, 2013

Bernard LLP lawyers W. Gary Wharton and David S. Jarrett were successful in having the appeal from the trial judgement found at Grieg Shipping A/S v. Dubai Fortune (Ship), 2012 FC 110 (CanLII) dismissed.

The litigation arose following a collision between the tug Tiger Shark 2 and the Plaintiff’s vessel following the Tiger Shark 2’s departure from assisting the Defendant’s vessel the Dubai Fortune. This departure was not known, authorized or directed by the pilots on board the Dubai Fortune or the vessel’s crew. Following the Tiger Shark 2’s decision to leave the Dubai Fortune, the captain of the Tiger Shark 2 manoeuvred his tug into the stern of another tug which caused his tug to contact the Plaintiff’s vessel, causing approximately $2.7 million worth of damage. The Trial Judge determined that the Dubai Fortune was not vicariously liable for the collision caused by the Tiger Shark 2 as that vessel was no longer under the direction or control of the pilot or crew of the Dubai Fortune at the time of the collision.

On September 16, 2013 the Federal Court of Appeal, after hearing from counsel for both parties, dismissed the appeal from the bench.

Filed Under: Announcements