Charges laid in oil spill that fouled English Bay beaches in Vancouver
VANCOUVER (CP) — Charges have been laid against the owners of the MV Marathassa nearly two years after a leak of bunker fuel fouled the beaches of English Bay in Vancouver, but the company is trying to scuttle the case.
Documents filed in British Columbia’s provincial court show the Marathassa and Greece-based Alassia NewShips Management Inc. face a total of 10 charges, including discharge of a pollutant, unlawful disposal of a substance and failure to implement an oil pollution emergency plan.
The company is also accused of depositing a deleterious substance in a way that may have allowed it to reach waters frequented by fish, as well as depositing a substance harmful to migratory birds.
In all, six charges have been laid under Canadian shipping legislation, two relate to alleged Fisheries Act violations and single charges linked to alleged violations of federal environmental laws and the Migratory Bird Act.
None of the allegations have been tested in court.
At least 2,700 litres of bunker fuel spilled on April 8, 2015, while the Cypriot-registered vessel was moored in English Bay. The ensuing miscommunication among Canadian authorities and delays in cleanup raised questions about Canada’s preparedness for oil spills at a time when the Trans Mountain pipeline expansion was being hotly debated.
A provincial court date has been set for Wednesday, but Alassia is attempting to stop the proceedings with an application for a judicial review filed in Federal Court. The company will ask the Federal Court on Tuesday to stop the provincial court hearing from taking place until a judicial review has been heard.
In court documents, it says summonses in the case were invalid because they were served to a Canadian insurance adjuster and a ship captain who has only worked for Alassia on two fixed contracts.
Alassia argues that Canadian law requires summonses to be delivered to an executive officer of a corporation or a branch, and that neither the insurance adjuster or the captain fit that description.