Omega Salmon Group Ltd. v. Ship Pubnico Gemini et al.

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgeStromberg-Stein, J.
Citation[2006] B.C.T.C. 59 (SC),2006 BCSC 59
Date12 January 2006

Omega Salmon v. Ship Pubnico Gemini, [2006] B.C.T.C. 59 (SC)

MLB headnote and full text

Temp. Cite: [2006] B.C.T.C. TBEd. JA.056

Omega Salmon Group Ltd. (plaintiff) v. The Owners and All Others Interested in the Ship "Pubnico Gemini" and "Pubnico Gemini", Bounty Holdings Ltd., Good Luck Enterprises Co. Ltd., Sea Haul Technologies 2000 Ltd. and Greg Olafson (defendants)

(L023616; 2006 BCSC 59)

Indexed As: Omega Salmon Group Ltd. v. Ship Pubnico Gemini et al.

British Columbia Supreme Court

Vancouver

Stromberg-Stein, J.

January 12, 2006.

Summary:

This headnote contains no summary.

Damages - Topic 1020

Mitigation - In tort - Damage to land and buildings - See paragraphs 5 to 39.

Damages - Topic 1022

Mitigation - In tort - What constitutes reasonable remedial measures - See paragraphs 5 to 39.

Interest - Topic 5486

Interest as damages (prejudgment interest) - Particular claims - Maritime matters - See paragraphs 40 to 56.

Counsel:

Andrew P. Mayer, for the plaintiff;

David F. McEwen, Q.C., and Jonaaathan D. Waller, for the defendants.

This action was heard on July 4-8 and August 30 and 31, 2005, before Stromberg-Stein, J., of the British Columbia Supreme Court, who delivered the following decision on January 12, 2006.

Please Note: The following judgment has not been edited.

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6 practice notes
  • Table Of Cases
    • Canada
    • Irwin Books Canadian Maritime Law. Second Edition Part VII
    • June 21, 2016
    ...221 ....................................................................... 295, 335, 337 Omega Salmon Group Ltd v Pubnico Gemini (The), 2006 BCSC 59, var’d on other grounds 2007 BCCA 33 ............................... 846 Ontario (AG) v Pembina Exploration Canada, [1989] 1 SCR 206 , 5......
  • Maritime Collisions
    • Canada
    • Irwin Books Canadian Maritime Law. Second Edition Part VI
    • June 21, 2016
    ...Towing Ltd (1993), 157 NR 292 at para 60 (FCA). 103 Liesbosch (The) , [1933] AC 449. 104 Omega Salmon Group Ltd v Pubnico Gemini (The) , 2006 BCSC 59, var’d on other grounds 2007 BCCA 33. 105 Agronaftis (The) , above note 102. 106 London Corporation (The) , [1935] P 70 (CA). Maritime Collis......
  • The Owners, Strata Plan K855 v. Big White Mountain Mart Ltd.
    • Canada
    • Court of Appeal (British Columbia)
    • December 19, 2017
    ...Gair and Sons Ltd. v. Lepinski (1998), 36 C.L.R. (2d) 250 (B.C.S.C.) at para. 84; and Omega Salmon Group Ltd. v. Pubnico Gemini (The), 2006 BCSC 59 at para. 16.[61] Further, K855 argues, the trial judge erred in relying on Holland to dismiss the spoliation argument, as that case left open t......
  • Gareau v. Grey Mountain Housing Society
    • Canada
    • February 19, 2014
    ...The Defendant subsequently had the leaking faucet repaired. Proper mitigation of damages [8] In Omega Salmon Group Ltd. v. Pubnico Gemini, 2006 BCSC 59 (rev'd on other grounds, 2007 BCCA 33), the Court stated at para. 12: A plaintiff is entitled to damages which, "so far as money ......
  • Get Started for Free
4 cases
  • The Owners, Strata Plan K855 v. Big White Mountain Mart Ltd.
    • Canada
    • Court of Appeal (British Columbia)
    • December 19, 2017
    ...Gair and Sons Ltd. v. Lepinski (1998), 36 C.L.R. (2d) 250 (B.C.S.C.) at para. 84; and Omega Salmon Group Ltd. v. Pubnico Gemini (The), 2006 BCSC 59 at para. 16.[61] Further, K855 argues, the trial judge erred in relying on Holland to dismiss the spoliation argument, as that case left open t......
  • Gareau v. Grey Mountain Housing Society
    • Canada
    • February 19, 2014
    ...The Defendant subsequently had the leaking faucet repaired. Proper mitigation of damages [8] In Omega Salmon Group Ltd. v. Pubnico Gemini, 2006 BCSC 59 (rev'd on other grounds, 2007 BCCA 33), the Court stated at para. 12: A plaintiff is entitled to damages which, "so far as money ......
  • Omega Salmon Group Ltd. v. Ship Pubnico Gemini et al.
    • Canada
    • Court of Appeal (British Columbia)
    • October 12, 2006
    ...this case arose was succinctly described by the learned judge in the opening paragraph of her reasons for judgment, 22 C.P.C.(6th) 86 ; 2006 BCSC 59: "[1] On May 18, 2001, the fish packer Pubnico Gemini collided with a fish farm owned by the plaintiff, Omega Salmon Group Ltd. ('Omega'......
  • Mundell v. Wesbild Holdings Ltd. et al.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 31, 2007
    ...reasonably this, too, must be proven on a balance of probabilities: see, for example, Omega Salmon Group Ltd. v. Pubnico Gemini (The) , 2006 BCSC 59 at ¶ 18. [39] Although there is a duty to mitigate reasonably, it is not necessary for a plaintiff to take unusual steps or to risk his or her......
2 books & journal articles
  • Table Of Cases
    • Canada
    • Irwin Books Canadian Maritime Law. Second Edition Part VII
    • June 21, 2016
    ...221 ....................................................................... 295, 335, 337 Omega Salmon Group Ltd v Pubnico Gemini (The), 2006 BCSC 59, var’d on other grounds 2007 BCCA 33 ............................... 846 Ontario (AG) v Pembina Exploration Canada, [1989] 1 SCR 206 , 5......
  • Maritime Collisions
    • Canada
    • Irwin Books Canadian Maritime Law. Second Edition Part VI
    • June 21, 2016
    ...Towing Ltd (1993), 157 NR 292 at para 60 (FCA). 103 Liesbosch (The) , [1933] AC 449. 104 Omega Salmon Group Ltd v Pubnico Gemini (The) , 2006 BCSC 59, var’d on other grounds 2007 BCCA 33. 105 Agronaftis (The) , above note 102. 106 London Corporation (The) , [1935] P 70 (CA). Maritime Collis......