Supreme Court of Canada

La Compagnie Generale Transatlantique v. The Ship "IMO", [1919] S.C.R. 644

Date: 1919-05-19

La Compagnie Generale Transatlantique (Plaintiffs) Appellants.

and

The Ship "IMO" (Defendant) Respondent.

1919: March 11, 13; 1919: May 19.

Present: Sir Louis Davies C.J. and Idington, Anglin, Brodeur and Mignault JJ.

ON APPEAL FROM THE EXCHEQUER COURT OF CANADA, NOVA SCOTIA ADMIRALTY DISTRICT.

Admiralty law—Collision—Manoeuvres—Signals—Agony of collision.

APPEAL from the judgment of the Local Judge for the Nova Scotia Admiralty District of the Exchequer Court of Canada[1], in favour of the respondent.

The owners of the steamer "Mont Blanc" brought action in the Admiralty Court claiming damages from the owners of the "Imo" for loss in the collision which caused such great damage to life and property in Halifax on Dec. 6th, 1917.

The "Mont Blanc" loaded with high explosives was going north on the Dartmouth side of the channel between Halifax and Dartmouth, and the "Imo" going south on the Halifax side. Signals by whistle were exchanged and the "Mont Blanc" turned to port towards the "Imo's" water. The "Imo" also turned to port and the ships were parallel for a time until the "Imo" went to starboard and the collision occurred.

The trial judge, assisted by nautical assessors, found the "Mont Blanc" solely to blame; that the collision occurred either in mid-channel or on the Halifax side and the "Mont Blanc" was out of her own waters.

In the Supreme Court of Canada the Chief Justice and Idington J. held the "Mont Blanc" alone at fault; Brodeur and Mignault JJ. the "Imo" alone to blame; and Anglin J. that both ships were negligent. Brodeur

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and Mignault JJ. then agreed to judgment condemning both.

Appeal allowed with costs.

McInnes K.C. and Nolan (of the New York bar) for the appellants.

Newcombe K.C. and Burchell K.C. for the respondent