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
The following excerpt is from Cox v. Brown, 1996 CanLII 1463 (BC SC):
In Chernoff v. Chilcott (supra) and the cases which it considered, the issue to be determined was whether an "owner" of a ship who was at the time of the alleged negligence also "acting in the capacity of master" could be entitled to the more generous limitation provision applying to a "master". Obviously no issue of consent could arise in such a case. The "functional analysis" undertaken had to do with the factual question of whether the negligent action was undertaken by the owner in his capacity functioning as owner or in his capacity functioning as master.
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