R. v. Atlantic Towing Ltd. – A Prosecution for Jeopardizing the Safety of a Vessel

Author: David K. Jones


A recent decision of the Provincial Court of Nova Scotia is of interest as the first prosecution of a relatively new provision of the Canada Shipping Act, 2001 in a case where a dredge being towed by a tug flipped in heavy weather and the three crew members onboard the dredge were rescued by helicopter.

The case is R. v. Atlantic Towing Ltd., 2011 NSPC 10. The provision of the Act under which the company was prosecuted is section 118, which provides that: No person shall take any action that might jeopardize the safety of a vessel or of persons on board.

About David K. Jones

David practices civil and commercial litigation with an emphasis on maritime, occupational health and safety, and environmental law matters. David’s maritime law practice includes representation of clients in administrative and regulatory matters, cargo damage, oil pollution, personal injury, and marine insurance. David’s occupational health and safety practice includes casualty investigations involving serious workplace injuries and fatalities. He advises employers with… view full profile »