Whale watching accident results in lawsuit

A passenger who says she was injured on a Saint Andrews–based whale watching cruise is suing the boat's skipper and the tour company.

In September 2015, the 44-foot Island Quest ran into rocks near White Island on the Bay of Fundy.

The boat began to take on water and was diverted to Deer Island, where passengers disembarked. Volunteer firefighters used pumps to keep it afloat while a temporary repair was made to the hull.

Fire chief John Dolan told CBC at the time the vessel had taken on a "fair amount of water."

It was later moved to the mainland for further repairs.

Alisha McGinn of Dartmouth was a passenger on the boat. She alleges the vessel, which can carry up to 47 people, was being operated negligently when it struck rocks "at high speed."

The statement of claim says McGinn was "thrown forward violently striking a lifeboat and then the deck," sustaining physical and mental injuries.

Among other things, her suit seeks restitution for pain and suffering and loss of future earnings.

Reached by CBC, McGinn did not respond to a request for comment.

A statement of defence filed by a lawyer representing Island Quest Marine Ltd. and the captain, Craig McGowan, describes the incident as a "chance/rogue event," and says McGinn agreed to release the company and its employees from responsibility for injury or loss of property as part of a "contract" with purchase of her ticket.

The company also denies McGinn's claim she suffered physical and mental injuries and, if so, claims they are unrelated to the incident.

It also says the boat was not travelling at excessive speed at the time of the accident.

The allegations have not been proven in court.

Transport Canada was notified about the accident.

A spokesperson says its staff reviewed the information available and decided not to launch a full investigation.