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When your boat is registered and insured as a charter boat regardless of relationships you are responsible 24/7 for whomever rides in and dives off of it.
True but the owner or a dive mster not being in the boat to give immediate assistance in case of an emergency such as in this case kind of changes things and I'm sure this will definitely be looked at by that divers family and there lawyer. I do believe many of the charter operators have insurance through diving agencies such as PADI that have very strict requirements pertaining to dive boats, instructors and dive Masters.
During the dive the victim who was on open circuit SCUBA indicated that he was in distress. This
necessitated his being helped to the surface by his buddy.
Following the ascent, the rebreather diver who had boarded the boat notified authorities of the
incident via marine radio prompting a large response by Toronto, Peel and Halton marine units.