Précis: The British Columbia Court of Appeal dismissed an appeal against a finding by the trial judge that the owner of a houseboat met the standard of care in connection with injuries caused by a snapped mooring stake and rope.
Full SummaryOddy v. Waterway Partnership Equities Inc., 2017 BCSC 1879
Précis: The British Columbia Supreme Court dismissed an action against the owner of a rented houseboat for personal injuries suffered by a renter when a mooring stake broke loose under strain and hit the plaintiff.
Full SummaryCormack v. Chalmers, 2015 ONSC 5564
Précis: The court held a "Mary Carter" type settlement agreement with one defendant, who was entitled to limit his liability, did not change the liability of the other defendant to several from joint.
Full SummaryRyan Estate v. Canada, 2015 NLTD 90
Précis: A joint and several tortfeasor was held to be liable for 100% of the plaintiffs’ damages even though the other tortfeasors were protected by Workers’ compensation legislation and any claims for contribution and indemnity might also be barred by such legislation.
Full SummaryRanjbar v. Islamic Republic of Iran Shipping Lines, 2014 BCSC 1983
Précis: A crew member was injured on an automatic gangway and the terminal was found liable for not properly warning users of the dangers inherent in such an automatic gangway.The plaintiff, however, failed to mitigate damages.
Full SummaryWoodbury v. Woodbury, 2013 ONSC 7736
Précis: The court severed the liability issues from damages issues in a personal injury action.
Full SummaryWoodbury v. Hamilton, 2012 ONSC 4817
The plaintiff was injured when riding in a tube being pulled behind a vessel operated by the first defendant. The tube crashed into a boat being operated by the second defendant. At the time of the incident the second defendant also had a tube at the immediate stern of the vessel upon which three children were sitting and waiting for …
Full SummaryWozniak v. Alexander, 2008 ABQB 430
The Plaintiff was seriously injured while tubing when her foot was nearly severed by the propeller of the towing boat operated by one Defendant. The operator admitted liability but alleged liability should be shared with the company from whom the boat was rented. The Court held, first, that a duty of care was owed by the rental company. In fact, …
Full SummaryWilcox v. The Miss Megan, 2008 FC 506
This was a case in which the Defendant admitted liability for a fatal injury when a fishing vessel capsized. The deceased drowned. Claims were made under the provisions of the Marine Liability Act by the deceased’s widow, three adult children and brothers and sisters. The first issue was whether the brothers and sisters could make a claim under the MLA. …
Full SummaryR. v. Broadwith, 2007 BCSC 1910
The accused was the Captain of a houseboat that capsized resulting in the death of a passenger. He was charged with criminal negligence causing death. Although the Court accepted the evidence of the Crown’s expert that the house boat was overloaded and was destined to capsize because of this, the Court held that the Crown had failed to prove the …
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