Kotai v. Queen of the North (Ship), 2010 BCSC 1180

In Carriage of Passengers by Sea on (Updated )

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 …

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Lukacs v. United Airlines, 2009 MBCA 111

In Carriage of Passengers by Sea on (Updated )

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 …

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Kotai v. The "Queen of the North", 2009 BCSC 1405

In Carriage of Passengers by Sea on (Updated )

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. …

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McDonald v. The "Queen of the North", 2009 BCSC 1129

In Carriage of Passengers by Sea on (Updated )

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 …

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Nicolazzo v. Princess Cruises, 2009 CanLII 28217

In Carriage of Passengers by Sea on (Updated )

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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McDonald v. The "Queen of the North", 2009 BCSC 646

In Carriage of Passengers by Sea on (Updated )

This was an application seeking court directions with respect to the process to be followed under the B.C. Infants Act which requires court approval of any settlement involving minors. The plaintiff requested that the hearing for court approval be held “in camera” and that the settlement not be publicly divulged. The Court noted that it had the power to do …

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