Between 24 and 25 June 2015, the Farley Mowat sank and discharged oil into the waters of the Shelburne Harbour, Nova Scotia. On or about 2 August 2015, the vessel was refloated and resecured to its berth at the Port of Shelburne. To prevent further discharge of oil, work was carried out from June 2015 until about 5 August 2015.

On 4 October 2016, the Administrator of the Ship-Source Oil Pollution Fund (the plaintiff) commenced an action against Tracy Donald Dodds (the defendant) and claimed CAD 839,863.02 for the costs of repairing, remedying, minimising and preventing pollution damage resulting from the sinking of and discharge of oil from the vessel. In this suit, the plaintiff sought summary judgment against the defendant for that claim, to recover the costs associated with the sinking of the vessel and the costs associated with the remediation of the escape of oil.

The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (the Bunkers Convention 2001) has the force of law in Canada pursuant to ss 69 and 70 of the Marine Liability Act, SC 2001, c 6 (the MLA). The plaintiff alleged that the defendant was the unregistered owner of the vessel at all material times.

The defendant denied the claims. The defendant argued that the Shelburne Port Authority was responsible for the vessel. The Port Authority officers were the last persons in immediate possession and control of the vessel. The defendant posited that the vessel was under 'seizure' ie arrest. Both the defendant and third parties acting for her were denied access to the wharf and the vessel. Accordingly, the defendant disagreed that she was the party responsible for the egress of oil or the subsequent cleanup and remooring efforts.

There were two questions in this application. First, was there a genuine issue for trial with respect to the defendant's ownership of the Farley Mowat? Second, was there a genuine issue for trial relating to the defendant's liability for the amount claimed by the plaintiff?

Held: Summary judgment granted.

Section 91 of the MLA provides that 'owner':

(a) in relation to a ship subject to the Civil Liability Convention, has the same meaning as in Article I of that Convention;

(b) in relation to a ship subject to the Bunkers Convention, has the same meaning as the definition Shipowner in Article 1 of that Convention; and

(c) in relation to any other ship, means the person who has for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use.

There was no evidence from either party about an Order vesting possession of the vessel in a Sheriff. There was neither a genuine issue for trial as to the ownership of the Farley Mowat nor with respect to the amounts claimed; the evidence identifies the defendant as the owner of the vessel and ss 77(1)(a)-(b) and 77(2) of the MLA provides for the defendant's liability. The Court was, accordingly, required to grant summary judgment.