2021-06-23

Pirates of the Cormorant?

In a new statement-of-claim filed in federal court, the private sector owners of Bridgewater's former government wharf are accusing government officials of raising the Jolly Roger when it came to its handling of a former navy ship.

The owners allege the Canadian Coast Guard (CCG) and the local Liberal MP in charge of the portfolio allowed people "to pilfer souvenirs" from a former navy ship and behaved "in an unlawful and piratical manner" by "misappropriating and giving away as booty" several items from the now-departed vessel.

The Port of Bridgewater and its president, Rick Welsford, seek damages from the CCG and South Shore-St. Margaret's MP and cabinet minister Bernadette Jordan for "the unlawful conversion of cargo and equipment" from the former HMCS Cormorant.

In the recent filing, Welsford and the port accuse both parties of giving away the Cormorant's submersible, ship's wheel, and a port-side generator, among other items, after exiling the 75-metre ship from town in November 2020.

None of the allegations contained in the amended lawsuit have been tested in court.

"They seized the ship and took it away and they distributed the assets," Welsford told LighthouseNOW during a recent phone interview.

The original lawsuit was filed by Welsford et al in July 2020 and many of the original claims are contained in the updated litigation. It alleges federal officials interfered with the Port of Bridgewater's south LaHave Street operations and didn't have proper grounds to seize the Cormorant.

The vessel, which spent 20 years at the wharf, was deemed a pollution risk before its departure. The new statement-of-claim disputes that point, suggesting it was removed on the basis of it being "an eyesore," making the seizure unlawful.

The port assumed custody of the Cormorant in 2019 in a federal court ruling after American owners stopped involvement with the boat.

Welsford told LighthouseNOW information was not as forthcoming from government sources as it should have been, suggesting unhelpful things were happening in the background during negotiations.

"The day we got the paper work on the ownership was the day they [CCG] seized it; that was not a coincidence," Welsford added. "That was waiting until the port had the papers so that they could then seize it and hang the bill on the port."

A federal government-linked fund that pays ship-related oil pollution claims is owed six-figures for salvage and clean-up costs connected to an incident involving the vessel in 2015.

One way of paying the bill could be to sell the port property. The port's five hectares worth of land and water lots are available on the real estate market for $1.2 million.

Welsford has long claimed the federal government for years blocked opportunities for the Port of Bridgewater to sell the Cormorant. He believes there was an understanding that allowed for both the recovery of cargo and for the vessel to be sold. Government, however, stepped in and seized the Cormorant and led efforts to remove contaminants from the ship. This served as a catalyst to the lawsuit led by Welsford and the port.

Welsford, who ran for the Liberals in two previous provincial elections, suggested the vessel was held so the Grits could score political points.

The CCG operates under Fisheries and Oceans Canada. A representative from the Department of Fisheries and Oceans (DFO) declined an interview. "As the matter is before the courts, we cannot comment on the specific details of the filings," spokesperson Robin Jahn told LighthouseNOW in an email.

In a statement-of-defence, the federal government disputes there was any deal concerning the Cormorant with Welsford and the port, "denies all other alleged causes of action in the claim" and "asks that the court dismiss the plaintiffs' action with costs."

Earlier this year, Ottawa lost a bid to quash the original lawsuit. Months prior to that decision, Welsford and the port lost an attempt at an injunction to prevent the Cormorant and its contents from being removed.