The bow of the Leviathan II is seen near Vargas Island as it waits to be towed into Tofino, B.C., on Oct. 27, 2015.CHAD HIPOLITO/The Canadian Press
Two men who survived last year's fatal capsizing of a whale-watching boat off Vancouver Island have launched a proposed class-action lawsuit against the tour company.
Brothers Dirk and Christian Barchfeld of Germany have filed a statement of claim in British Columbia Supreme Court accusing Jamie's Whaling Station in Tofino, B.C., of negligence.
The lawsuit also names the company's owner Jamie Bray and the ship's captain Wayne Dolby, and says they should have known better than to allow the Leviathan II out during unsafe ocean conditions.
Five Britons and an Australian died after the 20-metre tour vessel flipped with 27 people on board.
The Transportation Safety Board is conducting an investigation to determine the cause of the incident.
The allegations haven't been tested in court and no statement of defence has been filed by the defendants.