Lawsuits over collision in Vancouver harbour raise questions about moments before impact

A Harbour Air floatplane collided with a pleasure boat on June 8, 2024 in Coal Harbour

Multiple lawsuits filed in B.C. Supreme Court in recent weeks over a crash between a seaplane and a pleasure boat in Vancouver's Coal Harbour two years ago allege a series of failures by the airline, the boat operator, Nav Canada and the Vancouver Fraser Port Authority in the moments before impact.

The crash happened on June 8, 2024 when a Harbour Air seaplane taking off from Coal Harbour for a sightseeing flight collided with a pleasure craft near Stanley Park.

The Transportation Safety Board (TSB) said one pilot and five passengers were on the aircraft, while the pleasure craft had one driver and seven passengers on board. It says both the aircraft and boat were substantially damaged, and the aircraft began to sink shortly after the collision.

Several passengers were treated for injuries and sent to hospital following the collision.

More stories from Vancouver-South Coast

A TSB spokesperson said an investigation remains underway and is now in the report phase of its investigation process.

At least four lawsuits, filed between April and June, make a series of allegations against Harbour Air, the boat's owner or operator, Nav Canada, which directs flights in the harbour, and the Vancouver Fraser Port Authority, which is responsible for monitoring ship traffic in the inlet.

Safety concerns arise after Saturday’s seaplane crash in Vancouver’s Coal Harbour

Two of the lawsuits were filed by two passengers who were aboard the seaplane.

One lawsuit claims that Maria Victoria Scapino Santiago, a resident of Dublin, sustained several injuries, ingested fuel and contaminated water and is seeking damages for pain, cost of care and loss of income.

The lawsuit alleges the pilot was warned before takeoff that a vessel was in or near the aircraft's takeoff path, but the plane proceeded with takeoff.

In a separate notice of claim, Katherine Trivino, a resident of California, says she was also a fare-paying passenger on the aircraft and the accident caused and continues to cause her "serious personal injury, loss and damage."

2 hospitalized after seaplane goes down in Vancouver: officials

Both passengers allege Harbour Air was negligent and also allege the boat operator failed to keep a proper lookout and avoid the aircraft, while the port authority and Nav Canada failed to properly manage or warn about traffic in the area.

Mike Huot, a Vancouver-based lawyer representing the two passengers, said his clients have developed a "disabling fear of flying," which has a significant impact on their work and ability to travel.

He said the lawsuits name several defendants because it is still early in the litigation process.

“We cast a broad net because we want to make sure that we can include anyone who may have been at fault,” he said.

Seaplane sinks at new Vancouver terminal

He said the discovery process and the TSB investigation are expected to provide more information about what happened.

“Then we kind of narrow down what exactly happened and we can narrow our allegations,” Huot added.

Another lawsuit was filed by LiWei Yu and Fan Li, two senior passengers who were on the pleasure boat.

The lawsuit says Yu, who was 67 at the time and Li, 68, suffered "life-altering injuries" and underwent surgery.

Boaters' safety concerns raised after Vancouver seaplane collision

It says Yu was unable to use her hands for at least three months because of her injuries and Li underwent physiotherapy to relearn how to walk and still has difficulty with daily activities.

The two are suing Harbour Air, boat owner and operator Wei Qi Zhang, Nav Canada and the port authority saying their negligence caused or contributed to the accident.

Harbour Air also seeking damages

Harbour Air has also filed its own lawsuit against boat owner and operator Zhang, the port authority and Nav Canada and two other unidentified individuals said to be the boat's owner and operator.

The airline says Zhang and other boat operators were operating the boat within or near the seaplane takeoff and landing area and failed to broadcast their location and path.

Harbour Air's claim alleges its pilot was not warned, or was not sufficiently warned, by Nav Canada or the port authority about the danger posed by the boat. It claims Nav Canada cleared the pilot for takeoff before the collision.

Harbour Air is seeking damages for costs related to the investigation, salvage, assessment, replacement of the aircraft and insurance.

In separate emailed statements, the port authority, Nav Canada and Harbour Air said they could not comment because the matter is before the courts.

The crash sparked calls for more safety measures in and around Burrard Inlet, which sees thousands of recreational boaters every summer but also serves as the route for commercial vessels, tugboats and cruise ships.

None of the allegations have been proven in court.

With files from Amelia John, Shivani Joshi and Jason Proctor