HALIFAX – The fact that the Bluenose II’s hull shape was based on a design labelled “Bluenose” could be a key issue in a lawsuit filed by the descendants of the legendary schooner’s original designer.
Ben Millson, a ship designer with Lengkeek Vessel Engineering, the firm tasked to modernize the Bluenose II, sat down at his computer sometime in 2009 to redraw Canada’s best-known boat.
Working out of his Timmins, Ont. office, Millson opened MAXSURF — a 3-D modelling software used to design boats that lets users overlap and compare ship hull cross-sections.
He took four hull lines from a database and overlaid them on top of one another.
He had to pick the best one for the refit of the Bluenose II — a replica of the world-famous schooner that was built in 1963.
One of the lines had the name “Bluenose.” Millson chose that one.
These are facts that are listed in the latest Nova Scotia Supreme Court document arising from a lawsuit filed by descendants of William J. Roué, against the Nova Scotia government and each party involved with the modern rebuild.
Roué’s grandson, Lawrence J. Roué, and great-granddaughter, Joan Roué, argue Roué was the designer of the original Bluenose, constructed in 1921, and the government-funded rebuild violates their family’s intellectual property rights.
The matter is still in its preliminary stages and the argument has not yet been heard in court.
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While legal experts say the matter is being fast-tracked through the courts, in that it is proceeding as an application instead of an action, the process is going slow.
A court application sets clear rules and timelines for legal proceedings that are designed to cut costs and limit courtroom time.
Just laying the groundwork before heading into a courtroom requires a number of steps.
The latest step by Justice Peter Rosinski is his decision to authorize the discovery subpoena of Millson — supposedly the man with the most hands-on experience with the Bluenose II redesign.
The Roué family wants his unique perspective included as evidence.
Before this decision, Millson’s written affidavit was to be lumped in with the rest of the design firm’s testimony.
Now, Millson will be flown in from Ontario to face a separate discovery from lawyers.
The costs for Millson’s flight and accommodations will be covered by the Roués.
But, if the Roués win the lawsuit, Rosinski could order the the Nova Scotia government, the shipbuilders and the designers to pay their legal and discovery costs.
A decision won’t come until next year.
Barring any major delays, the matter will be before the courts beginning March 31, 2014.
The refitted Bluenose II launched in September, after a three-year restoration project.
Last year, the Nova Scotia government estimated the costs had climbed to $16 million, plus additional labour costs. The final cost of the project is still not known.
The vessel still must undergo sea trials before going back into operation.
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