VANCOUVER — Two men who survived last year’s fatal capsizing of a whale-watching boat off Vancouver Island have launched a proposed class-action lawsuit against the tour company.

Brothers Dirk and Christian Barchfeld of Germany have filed a statement of claim in British Columbia Supreme Court accusing Jamie’s Whaling Station in Tofino, B.C., of negligence.

The lawsuit also names the company’s owner Jamie Bray and the ship’s captain Wayne Dolby, and says they should have known better than to allow the Leviathan II out during unsafe ocean conditions.

The Leviathan II capsized with over two dozen people on board last fall. (Photo: Chad Hipolito/CP)

Five Britons and an Australian died after the 20-metre tour vessel flipped with 27 people on board.

The Transportation Safety Board is conducting an investigation to determine the cause of the incident.

The allegations haven’t been tested in court and no statement of defence has been filed by the defendants.
— This feed and its contents are the property of The Huffington Post, and use is subject to our terms. It may be used for personal consumption, but may not be distributed on a website.
Source: Huffingtonpost