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

Surrey RCMP investigating after ‘sudden death’ of man found with critical injuries

Police say a man is dead after being found laying on the ground in the 13300-block of 114th Avenue

Kids Boost Immunity honours Surrey school for vaccine donations

Elementary students donate more than 3,000 vaccinations to UNICEF

Teen charged with possession of a loaded firearm after incident at Whalley park

Surrey RCMP say 17-year-old boy allegedly found in possession of loaded handgun

Pug life: Waggish dog names listed in White Rock

Freedom-of-information request lists most ‘pupular’ dog names registered with the city

What’s age got to do with it? B.C. couple with 45-year gap talks happy marriage

An Armstrong couple that has 45-year age gap began turning heads after being featured on show Extreme Love.

WATCH: South Vancouver Island shooting an ‘isolated and targeted’ incident, say police

One person in custody, another fled following shooting and crash on West Shore

Woe, Canada: Bruins down Maple Leafs 5-1 in Game 7

No Canadian teams left in Stanley Cup playoffs

Defence accuses officer of ‘incompetence’ in trial for B.C. man accused in daughters’ murder

Double murder trial for the Victoria father accused of killing his two young daughters continues

Should B.C. parents receive money if they make sure their kids are vaccinated?

New survey looks at public opinion around government’s role in forcing immunizations

Loud jets from Abbotsford are annoying residents of tiny U.S. town

Flights out of Abbotsford airport turn over border town and annoy residents, Sumas mayor says

Olympic auditions return to Lower Mainland

Event an opportunity for unknown athletes to shine and, maybe, change sports

B.C. men challenge constitutionality of Canada’s secret no-fly list

Parvkar Singh Dulai says he received a “denial of boarding” notification under the no-fly program last May 17

Murder on B.C. property didn’t need to be disclosed before sale, court rules

Buyer had tried to break contract after learning a man with ties to crime had been murdered there

Most Read