A partial judgment has now been handed down in the case of the Cape Apricot which was involved in the December 2012 incident at Westshore Terminals. A federal judge has ruled against the argument presented by the parties acting for the vessel’s owner to place full liability on the marine pilot having con of the vessel at the time. Westshore Terminals is said to be pursuing $54.4 million in claims against various entities involved in the significant damage incurred to terminal infrastructure and for consequential financial losses. The pilot involved has already admitted partial liability.
The pilot at the con of the Capesize bulker Cape Apricot when it was involved in the accident at Westshore terminals in December 2012 has admitted partial liability for the incident. However, judgments over much of the complex legal argument surrounding this case are required before there can be certainty as to what the liabilities of the various parties will be. Additionally, the Transportation Safety Board’s report into the incident has yet to be released.
Cape Apricot was chartered to K-Line, controlled by Japan’s Tokei Kaiun and owned by its affiliated company Leo Ocean. Westshore is believed to be claiming $50 million for physical damage and business disruption but lawyers for Leo Ocean are counter arguing that liability should be limited to a $26m security agreement already signed. The limitation of liability of a pilot under the Canadian Pilotage Act is also a matter subject to a ruling in this case.