Jackson v. Ship Ucluelet Princess et al., (1994) 73 F.T.R. 106 (TD)

• Judge: MacKay, J.
• Court: Federal Court (Canada)
• Case Date: June 02, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1994), 73 F.T.R. 106 (TD)

Jackson v. Ship Ucluelet Princess (1994), 73 F.T.R. 106 (TD)

MLB headnote and full text

Margaret Jackson and Floyd Jackson (plaintiffs) v. The Ship "Ucluelet Princess", The Owners and all other parties interested in the Ship "Ucluelet Princess", The Ship "Canadian Princess", The Owners and all other parties interested in the Ship "Canadian Princess", Oak Bay Marine Group, Oak Bay Marina Ltd. and Sealand of the Pacific Ltd. (defendants)

(T-1865-90)

Indexed As: Jackson v. Ship Ucluelet Princess et al.

Federal Court of Canada

Trial Division

MacKay, J.

February 4, 1994.

Summary:

The plaintiffs entered a contract with the Oak Bay Marine Group for a vacation aboard the Ship "Canadian Princess". While on a fishing trip on the Ship "Ucluelet Prin­cess", operated from the Ship "Canadian Princess", Jackson was injured when the ship was hit by a large wave. Jackson and her husband sued, the Oak Bay Group, the vessels and their owners and operators for damages, alleging breach of contract, and alternatively negligence.

The Federal Court of Canada, Trial Divi­sion, allowed the action and assessed dam­ages accordingly.

Damage Awards - Topic 59

Injury and death - Body injuries - Hip - A 58 year old active woman broke her hip in an accident on a fishing vessel - Two unsuccessful surgeries - A third operation was required for a hip replacement - Protracted recuperation over several years - Considerable pain - Complete change in lifestyle - Left with a limp - Still taking pain medication - The Federal Court of Canada, Trial Division, awarded $38,000 non­pecuniary general damages, plus $6,000 for the husband for necessary services volun­tarily provided to the wife which would have had to have been provided by others - See paragraphs 67 to 82.

Damage Awards - Topic 487.1

Injury and death - General damage awards - Necessary services provided by family members - [See Damage Awards - Topic 59 ].

Damage Awards - Topic 1007

Contracts - Breach of contract - Injured feelings or emotional upset - A husband and wife contracted for a resort holiday aboard a ship - While on a fishing trip on a vessel operated from the resort ship the wife was injured when the ship was hit by a large wave - She broke her hip and their trip was discontinued - The Federal Court of Canada, Trial Division, awarded the couple the cost of their trip as special damages, plus $1,000 general damages for the frustration and annoyance from the loss of enjoyment of the vacation for which they contracted - See paragraphs 62 to 66.

Shipping and Navigation - Topic 1164

Masters - Liability of master - Negligent navigation - A husband and wife went on a fishing trip aboard the Ship "Ucluelet Princess", a 43 foot, fibre glass hull vessel, powered by twin diesel motors - The couple went to the wheelhouse to watch the master operate the vessel - The vessel encountered a larger than normal wave causing the wife to be thrown onto the deck, breaking her hip - The Federal Court of Canada, Trial Division, held that the master was negligent in his failure to throttle back or reverse the engines more rapidly when he saw the larger wave ap­proaching ahead of the vessel - See para­graphs 1 to 41.

Cases Noticed:

Keks v. Esquire Pleasure Tours Ltd. et al., [1974] 3 W.W.R. 406 (Man. Co. Ct.), refd to. [para. 65].

Jackson v. Horizon Holidays Ltd., [1975] 3 All E.R. 92 (C.A.), refd to. [para. 65].

Cameron and Cameron et al. v. Maritime Travel (Halifax) Ltd., Skylark Holidays Ltd. and Flinn (1983), 58 N.S.R.(2d) 379; 123 A.P.R. 379 (T.D.), refd to. [para. 65].

Andrews v. Grand & Toy (Alberta) Ltd., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; 83 D.L.R.(3d) 452; [1978] 1 W.W.R. 577; 3 C.C.L.T. 225, refd to. [para. 70].

Johnston and Johnston v. Standard Life Assurance Co. et al. (1990), 73 O.R.(2d) 495 (Ont. H.C.), refd to. [para. 71, foot­note 1].

Bauche v. Kearns (1989), 73 Sask.R. 173 (Q.B.), refd to. [para. 71, footnote 1].

Pope v. Vandine, [1985] C.C.H. D.R.S. 86-927 (Ont. S.C.), refd to. [para. 71, footnote 1].

Budorark v. Low, [1989] C.C.H. D.R.S. 86-681 (B.C.S.C.), refd to. [para. 71, footnote 1].

Ferguson and Ferguson v. Matchette and C. & J. Enterprises Ltd. (1982), 37 N.B.R.(2d) 643; 97 A.P.R. 643 (T.D.), refd to. [para. 71, footnote 1].

Donnelly v. Joyce, [1974] Q.B. 454; [1973] 3 All E.R. 475 (C.A.), refd to. [para. 72].

Crane v. Worwood (1992), 65 B.C.L.R.(2d) 16 (B.C.S.C.), refd to. [para. 72].

Davie Ship­build­ing Ltd. and Canada Steam­ship Lines Ltd. v. Canada and Robert Morse Corp. Ltd. and Colt In­dus­tries (Canada) Ltd., [1984] 1 F.C. 461; 53 N.R. 50; 4 D.L.R.(4th) 546 (F.C.A.), refd to. [para. 80].

Anstey v. Fednav Offshore Inc. (1990), 34 F.T.R. 192 (T.D.), refd to. [para. 80].

Statutes Noticed:

Family Law Reform Act, R.S.O. 1980, c. 152, sect. 60 [para. 75, footnote 3].

Federal Court Act, R.S.C. 1985, c. F-7, sect. 36(2), sect. 36(3) [para. 80].

Authors and Works Noticed:

Waddams, S.M., The Law of Damages (2nd Ed. 1992), ss. 2.150 to 2.180 [para. 75].

Counsel:

Gerald B. Stanford, for the plaintiffs;

Thomas S. Hawkins, for the defendants.

Solicitors of Record:

Gerald B. Stanford, Victoria, British Co­lumbia, for the plaintiffs;

Campney & Murphy, Vancouver, British Columbia, for the defendants.

This action was heard in Vancouver, Brit­ish Columbia, on June 2, 1993, before MacKay, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on February 4, 1994.