A legal battle regarding the future of a former provincial ferry, which the Canadian Coast Guard has classified as a wreck and has remained inactive in Springdale for several years, is now in the hands of the Federal Court of Canada.
This legal impasse is hindering the government’s efforts to take possession of the MV Capt. Earl W. Winsor and to dismantle it for scrap material.
In mid-October, the coast guard issued a disposal notice for the Earl Winsor in line with the Wrecked, Abandoned or Hazardous Vessels Act, labeling the vessel as “hazardous to the marine environment.”
The local council has expressed its worries, with exasperated residents referring to the vessel as a disgrace to the community.
In a statement to CBC News late last year, the Coast Guard noted that the vessel’s owner, Springdale businessman George Yates, had not followed orders to mitigate potential hazards and the “risks of pollution” associated with the Earl Winsor.
Following a water leakage incident in late 2024 due to a severely corroded valve, Yates was also fined $75,000 by the coast guard for not adhering to directives.
Environmental teams removed thousands of litres of water from the vessel at taxpayer expense, and the faulty valve was repaired.
However, in mid-November, the coast guard announced it was seeking proposals from companies capable of safely dismantling and disposing of the 1,600 gross tonne ship. Once the task is completed, Yates will be responsible for the costs, as per the polluter pay principle.
No comments from the federal government
The deadline for proposals was extended to December 16, but no contracts have been awarded, and the vessel continues to dominate the Springdale waterfront while the federal government remains silent.
“Given that this case is currently under litigation, we cannot provide any further comments,” spokesman Craig Macartney stated in an email to CBC News.
Yates is contesting the government’s actions to retain ownership of the Earl Winsor and has instructed his lawyer, Wayne White, based in St. John’s, to ask the court to dismiss the disposal notice and the substantial fine.
According to a court representative, no hearing date has been established yet.
George Yates from Springdale stated he will exhaust all legal options available to prevent the Canadian Coast Guard from seizing his vessel, the Captain Earl W. Winsor. (Curtis Hicks/CBC)
In a communication to the court from the federal Justice Department, senior counsel Corinne Bedford stated that “The Attorney General of Canada is opposed to the motion in question.”
The Act defines a wreck as a vessel or part of a vessel that is “sunk, partially submerged, adrift, stranded or grounded, including on the shore.”
Yates contends that the Earl Winsor is not a wreck and could potentially be sold for over $1 million.
While Yates has declined requests for interviews, he has claimed in court documents that the coast guard is unfairly targeting him due to complaints from the Town of Springdale regarding the Earl Winsor.
“I am consistently conscious of environmental concerns and the welfare of the town and its residents, and I strive to prevent any harm to our environment,” Yates stated in a December 16 affidavit submitted to the Federal Court.
White noted that the disposal notice lacks specifics about how or why the vessel was classified as a wreck.
‘This vessel will certainly sell’
White asserted that Yates has made the necessary repairs to the vessel and has been actively seeking to sell the Earl Winsor.
The court filings contain three inspection reports that Yates argues demonstrate the Earl Winsor is not a wreck.
Tony Thompson from E.Y.E. Marine Consultants, based in Nova Scotia, inspected the Earl Winsor in late November and concluded that the vessel is “not abandoned nor should it be considered a wreck.”
Thompson noted that the vessel is securely tied to Yates’ private wharf, with both anchors set on the seabed, and exhibits “positive stability.”
He added that the wharf is fenced to prevent unauthorized entry, and the vessel is “monitored daily.”
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The risk of pollution has also been reduced as the coast guard has removed all hydrocarbons from the vessel, Thompson stated.
Glenn Burry from Aqua Nova Inc., who has been collaborating with Yates to promote the vessel, described the Winsor as “sailable,” with a likely market in the Caribbean.
Burry expressed confidence, saying, “This vessel will certainly find buyers in the Caribbean and remain in service for many years after its retirement from Canada.”
He characterized the vessel as “sturdy and well-maintained, upright and light in drafts due to the removal of all liquids on board.”
“I see no justification for classifying this vessel as a wreck,” added Burry.
Yates paid $20K for the Earl Winsor
Yates claims he has not received “procedural fairness,” asserting that the seizure and disposal of the vessel by the coast guard is “not justified.”
The Earl Winsor is a 75-meter-long steel-hulled vessel that was once part of Newfoundland and Labrador’s intra-provincial ferry service until 2018.
According to a statement from the Department of Transportation and Infrastructure, two attempts to sell the vessel via public tender were unsuccessful. The first tender did not attract any compliant bidders, while the second received no bids at all.
Ultimately, the vessel was sold to Yates for $20,000 on an “as is, where is” basis, and he towed it to his private wharf in Springdale in early 2019.
Initially, Yates had set the vessel’s sale price at $2.5 million, but he stated he had to reduce his asking price due to the Covid-19 pandemic and what he labeled as “negative publicity” from the coast guard.
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