OIVIND LORENTZEN AS DIRECTOR OF SHIPPING AND CURATOR OF THE ROYAL NORWEGIAN GOVERNMENT Vs. SHIP ALCOA RAMBLER (ALCOA STEAMSHIP CO INC OWNERS)

JUDGEMENT

(1.) This is an appeal from the unanimous decision of the Supreme Court of Canada, holding the appellants, the owners of the Norwegian Steamship Norefiord, solely to blame for a collision which occurred on 20th August 1942, between the Norefjord and the United States Steamship Alcoa Rambler (hereafter called the Rambler) the owners of which were respondents in the appeal. The case was tried in the first instance in the Exchequer Court of Canada, Admiralty Division, by the Hon. Carroll J., who held both vessels to blame, apportioning the blame as to three fourths to the Rambler and as to one-fourth on the Norefjord.

(2.) The collision occurred in the Bedford Basin in the Harbour of Halifax, Nova Scotia. The Basin is a large expanse of water, a few miles in length and breadth, roughly rectangular or rather perhaps oval in shape, its greater length being from North to South. At the southeastern corner, there is an exit called the Narrows, leading into a channel which runs past the City of Halifax to the Atlantic. The water in the Basin is deep; in some places soundings are 100 feet or over. In 1942, it was an area much congested, as was natural in war time, crowded with vessels at anchor or in motion, estimated to number 100 or more, in addition to smaller craft, such as tugs, barges, launches and the like. There were recognised anchorages at various places, but under the stress of war conditions, vessels might find anchorage in almost any part of the Basin. The Fairway from the northern or north western area to the Narrows ran about S. 8. E. To the east of the Fairway there was a long stretch called the Degaussing Range running a little east of south, in which various operations connected with the degaussing of vessels were carried out under the Canadian Naval Authorities, Lieutenant Dyke, who gave evidence at the hearing, being in command.

(3.) On the day of the collision, both the Norefjord and the Rambler were anchored at their respective berths, the Rambler at an anchorage about the north-vest corner of the Basin, and the Norefjord at an anchorage well down to the south on the west side. It happened that the two vessels quite independently started off on their different manoeuvres at about the sametime on the morning in question. The weather was fine and clear, there was no tide or current to speak of, and very slight if any wind. Each vessel was in charge of a duly qualified Halifax Harbour pilot. Each vessel was heavily loaded.