VICTORIA — Survivors of the sinking of a whale-watching boat off British Columbia's coast last year are recounting their harrowing escape from death as they swam for the light above the ocean.
Five Britons and one Australian died when all 27 aboard were tossed in the ocean on Oct. 25, 2015, after the Leviathan II was hit by a wave, tipped up and capsized.
Two couples are the latest to file civil lawsuits in Federal Court alleging negligence against the vessel's owner, Jamie's Whaling Station. At least 11 other survivors and several family members of the six people who died have also filed court action.
Robert Goodfellow and Marya Levin of North Vancouver allege in their lawsuit that they had to swim through oily water and rough seas to get away from the boat's rotating propellers.
Ian Charles and Jill Zaparyniuk of Edmonton say in their legal action that they were trapped in the cabin when the boat was swamped and they had to escape through a submerged stairwell.
"Ian attempted to kick out the windows without success and as the seawater was rising it became clear that a last attempt to exit the cabin would have to be made in order to save themselves," says a statement of claim filed Nov. 4 in Vancouver.
"Jill swam downwards through the stairwell, as the vessel had overturned and was sinking, and then was sucked by the current of the seawater through a submerged opening and up through the seawater to light and eventually air," says the statement of claim.
None of the allegations have been proven in court. Jamie's's Whaling Station has yet to file statements of defence in the latest lawsuits, but in response to earlier court actions the defendants denied claims of negligence, saying any loss, injury or damage could be the result of an "act of God."
Goodfellow and Levin say in the document that they struggled to get out of the overturned ship.
"Robert and Marya remained submerged below the seawater out of breath and in shock until they able evenutally to see ocean surface light and swam for their lives to the surface."
"Through determination and will to survive, Robert and Marya, after some 45 minutes, reached the lifeboat where three crew members were already on board," says the statement of claim.
The latest allegations say the defendants breached their duty of care to the plaintiffs through negligence, recklessness and breach of contract.
Goodfellow, Levin, Charles and Zaparyniuk say they have suffered physical, mental and emotional injuries as a result of the sinking.
The cause of the tragedy remains under investigation. The Transportation Safety Board of Canada is expected to release a report next year.
In the days immediately following the sinking, TSB investigators said most passengers and crew were on the top deck of the vessel’s port side, when a wave hit the starboard side and the vessel rolled and capsized.
Survivors described being thrown into the ocean without life jackets, grabbing hold of a single life ring that floated in the waves.
Rescuers from the nearby First Nations village of Ahousaht raced to help in boats after seeing an emergency flare.
Vancouver lawyer Thomas Hawkins, who represents the survivors and family members who filed federal actions, said he expects at least two more survivors to file civil suits.
"We're looking to assist these passengers and surviving passengers and their families as much as we can on this issue," he said Thursday.
German brothers Christian and Dirk Barchfeld, who survived the sinking, cite post-traumatic stress disorder in a proposed class-action lawsuit filed in B.C. Supreme Court.
