Pollution Update: Shipowners Are Not Eligible to Claim Compensation From the SOPF For Own Damage
The backstory in Haida Tourism Limited Partnership (West Coast Resorts) v. Canada (Ship-Source Oil Pollution Fund) , 2022 FC 1249 is this: Haida Tourism owned the "Tasu I", a barge used as floating accommodations for recreational fishing guests; In 2008, the barge came loose from its moorings and went aground. It released gasoline and diesel into the environment; Haida Tourism incurred costs to prevent, repair, remedy or minimize potential oil pollution damage resulting from the grounding; It then made a claim to the Ship Source Oil Pollution Fund (SOPF) for those costs; The SOPF denied Haida's claim. Haida appealed to the Federal Court. The question before the Federal Court was whether Haida Tourism, as owner of the barge, could make a claim against the SOPF when it was the owner of the only ship involved in the incident. For context, the SOPF is a fund for oil pollution damage. Members of the public who incur costs preventing or remedying oil pollution damage can
