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 SummaryCroisières Charlevoix Inc. v. Quebec, 2012 QCCS 1646
Précis: The court held that intra-provincial carriage of passengers was subject to provincial law.
Full SummaryKotai v. Queen of the North (Ship), 2010 BCSC 1180
This was an application under the B.C. Class Proceedings Act for court approval of a settlement reached between the parties relating to the sinking of the “Queen of the North” on 22 March 2006. The Court balanced the position of the class members other than the infants against the position of the public guardian and trustee, who did not support …
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 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 SummaryFriesen v. Norwegian Cruise Lines et al., 2003 BCSC 256
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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