Tofino whale-watching company says fatal capsizing was 'act of God'
A boat carrying 27 people capsized off the coast of Tofino, B.C., on Sunday, Oct. 25, 2015. (Daniel Frank)
VANCOUVER - The owner of a whale-watching vessel that capsized on Vancouver Island, killing six people, describes the tragedy as an “act of God” arising from unforeseeable ocean conditions.
Court documents filed by Jamie Bray of Tofino, B.C., in response to a proposed class-action lawsuit say Jamie's Whaling Station was complying with Transport Canada regulations when the craft flipped on Oct. 25, 2015.
Brothers Christian and Dirk Barchfeld filed the legal action last month, accusing the company of negligence for allowing the Leviathan II to overturn in treacherous conditions.
Captain Wayne Dolby is also named in the suit, in addition to Bray and his nature tour company.
Five Britons and an Australian died after the 20-metre vessel capsized with two dozen passengers and three crew on board.
None of the allegations have been tested in court.