Précis: The Federal Court confirmed Transport Canada’s decision to issue a safe manning document specifying the minimum crew compliment for two ferries was reasonable.
Full SummaryKnight v. Black, 2021 BCSC 19
Précis: The BC Supreme Court held that the defendant was entitled to limit its liability under the Athens Convention as the injured plaintiff was a “passenger”.
Full SummarySperling v. Queen of Nanaimo, 2020 BCSC 1852
Précis: The BC Supreme Court could not determine in a summary trial if suppliers of a ferry propulsion system were “agents or servants” of a carrier for the purposes of the Athens Convention, holding it required a full trial to do so.
Full SummaryRacette v. Norwegian Cruise Line, 2019 QCCQ 3817
Précis: Athens Convention claims cannot be heard in a jurisdiction where the carrier does not have a place of business in that same jurisdiction.
Full SummaryGaudet v. Navigation Madelaine Inc., 2014 QCCS 4106
Précis: The Quebec Superior Court held that the provisions of the Quebec Civil Code could apply to extend the limitation period in the Athens Convention, although the court did not do so in the circumstances.
Full SummaryKotai v. Queen of the North (Ship), 2010 BCSC 1180
This was an application under the B.C. Class Proceedings Act for court approval of a settlement reached between the parties relating to the sinking of the “Queen of the North” on 22 March 2006. The Court balanced the position of the class members other than the infants against the position of the public guardian and trustee, who did not support …
Full SummaryLukacs v. United Airlines, 2009 MBCA 111
This was an application for leave to appeal a trial decision refusing general damages under Article 19 of the Montreal Convention for mental anguish and a missed opportunity resulting from a cancelled flight. The Court of Appeal denied leave on the basis that Article 19 of the Montreal Convention has been previously examined by appellate courts around the world and …
Full SummaryKotai v. The "Queen of the North", 2009 BCSC 1405
This was a preliminary decision in the class action arising out of the sinking of the “Queen of the North”. This decision assessed the damages of a representative sample of the plaintiffs who were passengers on the vessel at the time of the sinking. The most important aspect of the decision relates to the assessment of psychological injures allegedly suffered. …
Full SummaryMcDonald v. The "Queen of the North", 2009 BCSC 1129
This was an application under the B.C. Infants Act for court approval of a settlement reached with the plaintiffs, the two surviving children of one of the passengers who died as a result of the sinking of the “Queen of the North” on 22 March 2006. The Court assessed the headings of loss of love, guidance and affection, past loss …
Full SummaryNicolazzo v. Princess Cruises, 2009 CanLII 28217
The plaintiffs in this matter had booked a cruise with the defendant through the plaintiff’s travel agent in Hamilton, Ontario. They embarked in Italy and disembarked in England. During the cruise $5,000 was stolen from the safe in the plaintiffs’ stateroom. The plaintiffs commenced this action to recover the stolen money. The defendant brought a motion to dismiss the claim …
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