Martel v. Fortier
T-3085-90 / T-3086-90
Tremblay-Lamer J.
18/12/95
32 pp.
Action in damages as result of foundering of plaintiff's boat on April 30, 1990 at mouth of Delaware Bay in Virginia-Defendants engaged in transport, delivery and maintenance of small vessels-Plaintiff Martel signed agreement with defendant Vieux-Port Yachting Enr. stipulating defendants would transport boat named Bobinette I from Norfolk, Virginia to Gosselin marina, St-Paul-de-l'Île-aux-Noix, Quebec-Plaintiffs submit boat sank as result of defendants' negligence-Plaintiff Martel declares suffered damages of more than $160,000 for which partially compensated by Société Nationale d'Assurances-Clause providing defendant would insure boat in no way indicating waiver of right of action in event of negligence on part of defendants-Question of subrogation not question of maritime law or common law-No impediment to prevent plaintiff Société Nationale d'Assurances from bringing action against defendants for indemnities paid to plaintiff Martel-Jurisdiction in Court to dispose of claim for indemnification for loss of ship-As navigators of Bobinette I, defendants trustees of owner and liable for any losses resulting from their negligence-Seaworthiness of ship question of fact to be determined having regard to circumstances-Prevailing weather conditions at time of foundering not suitable for type of vessel in question-Defendants' obstinacy in continuing voyage despite weather conditions encountered contrary to what good master would have done-Bobinette I not designed for sea but for navigating inland waterways-Defendants greatly overestimated strength of boat-Defendants entirely liable for loss of ship-Defendants also contractually liable for damages suffered by plaintiffs-In delictual matters, both employee and employer liable when employee commits fault in improper performance of duties-Defendants ordered to pay sum of $99,000 to plaintiff Société Nationale d'Assurances and $53,879.49 to plaintiff Martel with interest and costs-Federal Court Act, R.S.C., 1985, c. F-7, s. 22(2)(e).