Limitation of Liability in Maritime Law

Kirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009

In Admiralty Practice, Limitation of Liability in Maritime Law, Stays of Proceedings on July 26, 2019

Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.

Independent Contractors - Limitation of Liability - Persons Entitled to Limit

J.D. Irving Limited v. Siemens Canada Limited, 2016 FC 287

In Limitation of Liability in Maritime Law on March 7, 2016 (Updated April 03, 2017)

Précis: Independent contractors of the ship owner are not entitled to limit liability pursuant to the provisions of the LLMC convention.

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Limitation of Liability - Onus of Proof - Whether precise cause of the loss needs to be proven

J.D. Irving Limited v. Siemens Canada Limited, 2016 FC 69

In Limitation of Liability in Maritime Law on January 22, 2016 (Updated April 03, 2017)

Précis: The right of a ship owner to limit liability for damage to cargo when a barge capsized was upheld.

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Fault or Privity - Limitation of Liability - Personal Injury

Vukorep v. Bartulin, 2005 BCCA 142

In Limitation of Liability in Maritime Law on March 10, 2005 (Updated July 05, 2012)

In July 1998 the Plaintiff was injured on board the Defendant’s pleasure craft when the vessel hit a wave from a passing ferry. At the time of the accident the vessel was being operated by the Defendant who was also the owner. The Defendant brought this application for a determination of whether he could limit his liability pursuant to s. …

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Calculation of Fund - Flotilla Principle - Limitation Proceedings

Canadian Pacific Railway Company v. The "Sheena M", [2000] F.C.J. No. 1953

In Limitation of Liability in Maritime Law on November 28, 2000 (Updated July 05, 2012)

This action arose out of the collision between the unmanned barge, "Rivtow 901", in tow of the "Sheena M", and the Mission Railway Bridge. The Plaintiffs, the owners of the "Sheena M", brought this application for summary judgment for an order that they were entitled to limit their liability under s. 577(1)(b) of the Canada Shipping Act to $500,000.00 plus …

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Conversion Date - Right of Operator to Limit

Cox v. Brown, 1996 CanLII 1463

In Limitation of Liability in Maritime Law on October 4, 1996 (Updated July 05, 2012)

This was a summary trial for a declaration that the Defendant was entitled to limit her liability under the Canada Shipping Act. The facts were that a small motor boat operated by the Defendant struck a swimmer in Okanagan Lake. At the time, the Defendant was operating the boat without the permission of the owner, the Defendant’s father. (An action …

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Owner/Master Entitlement to Limit

Daniele v. Creglia, No. 4028-93, (Ont. Ct. Gen. Div.)

In Limitation of Liability in Maritime Law on October 6, 1995 (Updated July 05, 2012)

This was an action by a Plaintiff/passenger against an owner/master for damages for personal injury suffered when a small vessel crashed into a breakwater. The Court held that the owner/master was clearly negligent in travelling at an excessive rate of speed and in not maintaining a proper lookout. The only real issue was whether the owner could limit his liability …

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Stay upon payment

Valley Towing Ltd. v. Celtic Shipyards (1988) Ltd., [1995] 3 FC 527

In Limitation of Liability in Maritime Law on July 31, 1995 (Updated July 05, 2012)

In this matter a barge under tow of the Plaintiff’s tug collided with and caused extensive damage to various docks and vessels. The Plaintiff tug owner admitted liability and commenced limitation proceedings. The Plaintiff then brought a motion for a stay of all proceedings upon payment of the limitation fund ($42,000) into Court. The Court allowed the Plaintiff’s motion but …

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Conversion Date

Meeker Log and Timber Ltd. v. The "Sea Imp VIII", (1995), 8 B.C.L.R. (3d) 143, (B.C.S.C.)

In Limitation of Liability in Maritime Law on January 1, 1995 (Updated July 05, 2012)

The Court held that the exchange rate to be used for converting SDRs to Canadian Dollars is the rate in effect on the date the fund is established, whether the fund is established by judgment or payment into court.

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