What is the dual role of owner-master of a pleasure vessel?
British Columbia, Canada
The following excerpt is from Holm v. Underwriters Through T. W. Rice & Co. Inc., 1981 CanLII 279 (BC SC):
The dual role of owner-master of a pleasure vessel was considered in this Court in Walithy Charters Ltd. et al v. Doig; City of Vancouver et al., Third Parties (1980), 15 B.C.L.R. 45, in the context of ss. 647 and 649 of the Canada Shipping Act. These sections limit the liability to third parties of “any person acting in the capacity of master” whether or not the damage has resulted from “his actual fault or privity”, but only limit the liability of the owner if the damage has occurred “without his actual fault or privity”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a vehicle that is insured for farm use and pleasure use more than twice as much as the vehicle insured for the purpose of transporting the insured to and from work? (British Columbia, Canada)
What is the interpretation of s. 2.1(1) of the Income Tax Code on a vessel? (British Columbia, Canada)
Can an individual who was acting as a "master" at the time of the negligence action be held liable for damages against the other owner of the vessel? (British Columbia, Canada)
What is the responsibility of the owner of a boat to ensure that the vessel is seaworthy? (British Columbia, Canada)
Is a vessel that deliberately runs down a ship at her moorings a "prima facie evidence of fault"? (British Columbia, Canada)
Is a child who has legitimate scholastic ambitions entitled to financial support? (British Columbia, Canada)
Does a certification judge have to resolve a conflict of opinion between two expert opinions? (British Columbia, Canada)
What are the advantages of a class action? (British Columbia, Canada)
Can a jury be relied upon in a breach of fiduciary duty action? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
