McDonald v. Queen of the North (Ship), 2008 BCSC 1777

In Carriage of Passengers by Sea on (Updated )

This is the final reported decision arising out of the sinking of the Queen of the North. The issue in this matter was whether punitive and aggravated damages are recoverable in a wrongful death action brought by dependents pursuant to the Marine Liability Act and the Athens Convention. The Court extensively reviewed the case law relating to the recovery of …

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Gundersen v. Finn Marine Ltd., 2008 BCSC 1665

In Carriage of Passengers by Sea on (Updated )

The Plaintiff was seriously injured when the vessel in which she was riding ran into Salt Spring Island. The vessel was a commercial water taxi and at the time of the accident it was on its way to pick up passengers. The Plaintiff, however, was not a paying passenger but was onboard as a non-paying guest. The Judge found as …

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Kotai v. Queen of the North (Ship), 2008 BCSC 1398

In Carriage of Passengers by Sea on (Updated )

This was another application arising out of the sinking of the Queen of the North on 21 March 2006. This was an application by the ship owner for various relief including striking the jury notice. The ship owner argued, among other things, that the case was not appropriate for determination by a jury because the principal question in the action …

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Kotai v. Queen of the North (Ship), 2007 BCSC 1056

In Carriage of Passengers by Sea on (Updated )

This was an application to certify a class action on behalf of passengers (and their dependants) of the Queen of the North which sank after running into Gill Island on 21 March 2006. The Court reviewed the requirement for certifying a class action under the Class Proceedings Act of British Columbia. These are: 1. there is a cause of action; …

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Russell et al. v. MacKay, 2007 NBCA 55

In Carriage of Passengers by Sea on (Updated )

The Plaintiff was a passenger on a whale watching vessel and was injured at sea when she tripped over a cooler while leaving the washroom on the vessel. The accident occurred on 3 August 2003 but action was not commenced until 20 July 2006. The Defendants brought this motion to dismiss the Plaintiff’s claim on the grounds that it was …

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Friesen v. Norwegian Cruise Lines et al., 2003 BCSC 256

In Carriage of Passengers by Sea on (Updated )

This was an application by the Defendant to stay proceedings commenced in British Columbia on the grounds of a jurisdiction clause contained in the passenger ticket. The Plaintiff, a British Columbia resident, was injured on an Alaskan cruise ship which had departed from the port of Vancouver. The Plaintiff argued that the matter was governed by the Athens Convention; Article …

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Efford v. Bundy, Victoria Registry No. 1158/92 (B.C.S.C.)

In Carriage of Passengers by Sea on (Updated )

In this matter the Plaintiff was injured on board a rigid hull inflatable boat while whale watching off Tofino, British Columbia. The Plaintiff injured her back when the bow of the boat came down hard when crossing the wake of a large fishing vessel. The Plaintiff alleged the Defendant was negligent in his operation of the boat and in failing …

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