Damages for Negligent Port State Control Inspection and Detention
The Federal Court of Canada ruled that the Government of Canada is liable in damages for the negligent port state control (PSC) inspection and detention of a foreign vessel. In the instant case, a Canadian PSC boarding officer, trained as a machinery inspector, but not as a naval architect, determined after a cursory inspection that certain frames on the vessel were excessively wasted and must be replaced before the vessel could depart the port. His arbitrary determination was inconsistent with the standards of the flag administration and the classification society and its basis was not substantiated. The ship owner’s appeal was denied by higher authority within the Canadian Government following a delayed and perfunctory review.
Canada Appeal Denied in Port State Control Case
Transport Canada stated that the Supreme Court of Canada has declined to consider the appeal of the ship owner in a case challenging the decision of Canadian port state control inspectors to detain a ship for an extended period. The Federal Court of Appeals (FCA) of Canada had ruled that the government is not liable for the extended detention of a ship based on an allegedly negligent port state control (PSC) inspection. In the instant case, a Canadian PSC boarding officer determined after a somewhat cursory inspection that certain frames on the foreign ship were excessively wasted and must be replaced before the ship could depart port. The trial court determined that the detention was not in accordance with requirements of the SOLAS Convention and the Tokyo MOU.
Canada: No Liability for Extended Detention
The Federal Court of Appeals (FCA) of Canada ruled that the government is not liable for the extended detention of a ship based on an allegedly negligent port state control (PSC) inspection. In the instant case, a Canadian PSC boarding officer determined after a somewhat cursory inspection that certain frames on the foreign ship were excessively wasted and must be replaced before the ship could depart port. The trial court determined that the detention was not in accordance with requirements of the SOLAS Convention and the Tokyo MOU. Damages were awarded in the amount of C$4,344,859.47, plus prejudgment interest in the amount of C$1,624,212.75. The Government of Canada appealed.
