Malcolm v. Shubenacadie Tidal Bore Rafting Park Limited, 2014 NSSC 217

In Limitation Periods in Maritime Law on (Updated )

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.

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Kotai v. The "Queen of the North", 2009 BCSC 1405

In Carriage of Passengers by Sea on (Updated )

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. …

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Nicolazzo v. Princess Cruises, 2009 CanLII 28217

In Carriage of Passengers by Sea on (Updated )

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 …

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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), 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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