Ranjbar v. Islamic Republic of Iran Shipping Lines, 2014 BCSC 1983

In Personal Injury and Maritime Law on (Updated )

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.

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Woodbury v. Hamilton, 2012 ONSC 4817

In Personal Injury and Maritime Law on (Updated )

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 …

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Wozniak v. Alexander, 2008 ABQB 430

In Personal Injury and Maritime Law on (Updated )

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, …

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Wilcox v. The Miss Megan, 2008 FC 506

In Personal Injury and Maritime Law on (Updated )

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. …

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R. v. Broadwith, 2007 BCSC 1910

In Personal Injury and Maritime Law on (Updated )

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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