Is a vessel that deliberately runs down a ship at her moorings a "prima facie evidence of fault"?

British Columbia, Canada


The following excerpt is from Laichkwiltach Enterprises Ltd. v. F/V Pacific Faith (Ship), 2007 BCSC 1852 (CanLII):

Dube J., in A/S Ornen v. The Ship Duteous, [1987] 1 F.C. 270, 4 F.T.R. 122, noted that “a vessel running down a ship at her moorings in broad daylight” is “prima facie evidence of fault” (pp. 281-282).

Other Questions


What is the current state of the law on prima facie evidence for custody between the present and trial? (British Columbia, Canada)
What is the test for establishing that identification evidence is sufficient to establish prima facie case? (British Columbia, Canada)
Is there a strong prima facie case and at trial the court will strike or "blue pencil" the offending phrases in the contract? (British Columbia, Canada)
What is the burden on a plaintiff to establish a prima facie case on each ground of discrimination under s. 27(1)(c)? (British Columbia, Canada)
Can a party who has not produced evidence in favour of their position, or has no reasonable explanation for failing to call the evidence? (British Columbia, Canada)
What is the test for establishing a prima facie duty of care against a defendant? (British Columbia, Canada)
Does the mere fact that a passenger is injured while riding on a public carrier constitute a prima facie case of negligence? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
Can a plaintiff claim a no fault no-fault benefit under s. 7.21(a) of the BC's Workmen's Compensation Act? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.