Gearbulk Shipping is suing Squamish Terminals Ltd., the deep-sea port on Howe Sound where the accident occurred, and Squamish Tugboat Co. and Squamish Tugboat Holdings Ltd., whose tugs allegedly attempted unsuccessfully to lead the Westwood Anette container ship out of port in heavy winds.

The ship hit metal dolphin pilings on the south dock of the terminal as it was under tow on Aug. 4, 2006, puncturing a starboard fuel tank and releasing the thick Bunker C diesel fuel into the water.

After being named the responsible party by the federal and B.C. governments, Gearbulk spent at least $5-million on the cleanup and monitoring program.

Mr. Swanson added that no final, overall cost has been determined yet, because monitoring of the site is ongoing.

The writ issued against Squamish Terminals last Friday states that Gearbulk incurred numerous costs, including the cleanup of the oil spill, efforts to minimize its damage, monitoring its effect on the estuary, following the orders of municipal, provincial and federal governments, handling and removing waste, plus repair fees and other charges.

Gearbulk is claiming reimbursement for these charges, along with general damages, contribution or indemnification for third-party claims, interest, and the cost of the court action itself.

A similar writ was also issued for Squamish Tugboats last week, although both writs had not been served to the companies as of yesterday, Mr. Swanson said.

The first booms spread to gather the oil were laid out four hours after the accident, and a slick spread 17-kilometres into Howe Sound. It took days to clear up the oil in the sound and estuary, and months to clean up the creeks and estuary marshes behind the terminal.

The estuary is home to herring, salmon, steelhead and other fish species, and attracts water birds, eagles, seals, bears and coyotes.

Mr. Swanson said the lawsuit could be settled without court action.

"I'm not sure it would go to court, to be honest. These sorts of things have a way of resolving outside of courts," he said.

Squamish counsellor Patricia Heintzman said she hoped lessons could be taken from the accident to ensure it never happens again.

"Whoever is found to be responsible, and that could be a number of parties, they need to pay for the full rehabilitation of the affected estuary and any indirect damage to the fish stocks and ecosystem," she said. "I'm not confident that will happen, unfortunately. Most corporations do not seem to have that degree of commitment."

Ministry of Environment officials told a public forum on the spill in Squamish in April, 2007, that the estuary may never fully return to the state it was before the accident. At the same meeting they were also unable to estimate how much oil remained.