Wake-Walker v SS Colin W Ltd

Wake-Walker v SS Colin W Ltd is a Canadian admiralty law case concerning the issue of inevitable accident.

The case was decided by the Judicial Committee of the Privy Council, in an appeal affirming a ruling by the Supreme Court of Canada.

On August 13, 1934, HMS Dragon under the command of Captain Frederic Wake-Walker was entering the Market (or Victoria) Basin in the harbour of Montreal, Quebec, Canada.

The plaintiffs alleged that the collision was caused solely by the improper and negligent navigation and mismanagement of Dragon by Wake-Walker.

In summary, the majority stated: While I think the onus lay throughout the case upon the appellant to satisfy the Court that there was no fault upon him which directly caused the collision, the learned judge has affirmatively found that there was such fault; and where the trial judge, as here, is not only an experienced local Judge in Admiralty but had the assistance of two assessors to advise him upon matters requiring nautical or other professional knowledge and arrived at a conclusion of fact upon conflicting testimony, it would need a very clear case of error for this Court, without the assistance of any assessors, to reverse such a finding.

Vice Admiral Sir W Frederic Wake-Walker, Third Sea Lord, 1944