Athens Convention - Admiralty Law

Russell et al. v. MacKay, 2007 NBCA 55

In Carriage of Passengers by Sea on June 28, 2007 (Updated July 05, 2012)

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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Athens Convention - Carriage of Passengers - Jurisdiction Clause

Friesen v. Norwegian Cruise Lines et al., 2003 BCSC 256

In Carriage of Passengers by Sea on January 9, 2003 (Updated July 10, 2012)

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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