Survivors of Tofino whale-watching incident sue tour company

German brothers accuse Jamie's Whaling Station of negligence after Leviathan II capsized last fall, leaving six dead

The Leviathan II capsized off Vargas Island near Tofino on Oct. 25

Two passengers who survived a whale-watching boat capsizing off the coast of Tofino last fall, killing six people, have filed a potential class-action lawsuit against the tour company, alleging negligence.

The documents filed in B.C. Supreme Court last week provide new details on the devastating incident that shocked and saddened the coastal community known for its whale-watching industry.

Christian and Dirk Barchfield say they had been on vacation last fall when they booked a whale-watching tour on Oct. 25 with Jamie’s Whaling Station.

The two brothers from Germany allege Wayne Dolby, the captain, and two other crew members aboard the Leviathan II told the 24 passengers where the life-jackets were located and how to put them on, but that they were not required to wear them.

The Barchfields claim the sea was calm enough at the start, but high waves began to crest as the vessel reached open water.

The group caught sight of some whales going by and observed for about 45 minutes before the Barchfields allege the captain decided to navigate to a different location and the boat again moved into rough water with waves more than two metres high.

“At no point were the Plaintiffs or other passengers on the open deck advised by the defendant Dolby or other crew members to either put on life jackets or to keep them easily accessible.”

Christian Barchfield claims he “watched the high waves crashing against the window and felt very uncomfortable and afraid,” while his brother alleges the crew did not demonstrate any concern about the sea conditions.

At this point, the brothers claim the vessel “tipped violently to the left and capsized.”

Dirk Barchfield claims he clung to a life ring with several other passengers while being hit by the high waves, while Christian was trapped in the lower, indoor deck, being “thrown about as though he were in a washing machine.”

Eventually, a fishing boat arrived and two men from the Ahousaht First Nation called in other boats and helped pull the survivors out of the water.

The brothers were hospitalized and treated for cuts, bruises, scratches, hypothermia and severe shock.

Six people did not survive, all from Britain, including an 18-year-old boy who’d been celebrating his birthday on a family trip.

The Barchfields are seeking general, special and punitive damages, accusing the defendants of negligence because they knew or ought to have known it was unsafe to go out in those conditions.

None of the allegations has been tested in court and a statement of defence has not been filed.

At the time of the capsizing, tour company owner Jamie Bray said the boat had made that trip all the time and that Dolby had 20 year’ experience, with the crew going through safety drills every two weeks.

Just Posted

Air ambulance called to scene after report of shots fired in Abbotsford

Incident Monday afternoon in the area of Ross and Simpson roads

Surrey Mounties investigate drive-by shooting in Fleetwood

It happened Monday afternoon in the 8000-block of 153A Street. Police say no victim has been located.

18-year-old to hospital after shots fired in White Rock

Police investigating early-morning incident

UPDATE: White Rock RCMP unaffected by Surrey’s choice of police force, city says

Mayor Darryl Walker to meet with RCMP Staff Sgt. Daryl Creighton

VIDEO: Marvel Comics’ Stan Lee dies

Marvel co-creator was well-known for making cameo appearances in superhero movies

Surging Rangers beat visiting Canucks 2-1

Goalie Lundqvist ties Plante on all-time wins list

Calgary 2026 leader expects close vote in Winter Games plebiscite

Residents to choose in a non-binding vote on Tuesday whether they want city to bid on 2026 Olympics

VIDEO: Newcomer kids see first Canadian snowfall

Children arrived in Canada with their mother and two siblings last week from Eritrea

Feds dropped ball with WWI anniversary tributes: historians

Wrote one historian: ‘Other than the Vimy Ridge celebration … I think they have done a very bad job’

Sides ‘far apart’ in Canada Post talks despite mediation, says union

The lack of a breakthrough means rotating strikes will resume Tuesday

Feds’ appeal of solitary confinement decision in B.C. to be heard

Judge ruled in January that indefinite such confinement is unconstitutional, causes permanent harm

Touching note left on Lower Mainland veteran’s windshield

A veteran is hoping the writers of a note know how much he was touched by their kind words.

B.C. health care payroll tax approved, takes effect Jan. 1

Employers calculating cost, including property taxes increases

Most Read