Précis: The BC Supreme Court held that the defendant was entitled to limit its liability under the Athens Convention as the injured plaintiff was a “passenger”.
Full SummarySperling v. Queen of Nanaimo, 2020 BCSC 1852
Précis: The BC Supreme Court could not determine in a summary trial if suppliers of a ferry propulsion system were “agents or servants” of a carrier for the purposes of the Athens Convention, holding it required a full trial to do so.
Full SummaryRacette v. Norwegian Cruise Line, 2019 QCCQ 3817
Précis: Athens Convention claims cannot be heard in a jurisdiction where the carrier does not have a place of business in that same jurisdiction.
Full SummaryGaudet v. Navigation Madelaine Inc., 2014 QCCS 4106
Précis: The Quebec Superior Court held that the provisions of the Quebec Civil Code could apply to extend the limitation period in the Athens Convention, although the court did not do so in the circumstances.
Full SummaryMalcolm v. Shubenacadie Tidal Bore Rafting Park Limited, 2014 NSSC 217
Précis: The Nova Scotia Supreme Court held that the limitation period applicable to a river rafting accident that occurred prior to the 2009 amendments to the Marine Liability Act, was the two year limit in the Athens Convention which could not be extended even though the plaintiff was an infant.
Full SummaryKotai v. The "Queen of the North", 2009 BCSC 1405
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. …
Full SummaryNicolazzo v. Princess Cruises, 2009 CanLII 28217
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 …
Full SummaryMcDonald v. Queen of the North (Ship), 2008 BCSC 1777
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 …
Full SummaryGundersen v. Finn Marine Ltd., 2008 BCSC 1665
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 …
Full SummaryKotai v. Queen of the North (Ship), 2007 BCSC 1056
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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