It was mother nature, not negligence.
That from the whale-watching company which owned the vessel that capsized near Tofino last year, killing six people on board.
Jamie’s Whaling Station, Jamie Bray and Wayne Dolby have filed a response in BC Supreme Court to a potential class-action lawsuit filed two brothers who survived the tragedy.
Bray owns the company, while Dolby was the captain of the Leviathan II that capsized in October.
Tragedy unforeseeable, rules followed
Bray and Dolby argue the waves that hit the vessel were large and unexpected and the Leviathan II was certified by Transport Canada.
They add life jackets were on board following Transport Canada rules, but the wearing of those life jackets is optional.
Brothers Christian and Dirk Barchfeld have accused the trio of negligence in a suit filed last month.
None of the allegations have been proven in court.
You can read the entire response here: