Frugoli v. Services Aériens des cantons de L'Est inc., 2009 QCCA 1246

In Limitation Periods in Maritime Law on (Updated )

This was an action by dependents of two persons who were presumed drowned when the boat they were in capsized. The boat had been chartered and operated by the defendant. The issue was whether the limitation period was the three year period prescribed in the Quebec Civil Code, the two year period prescribed by s. 14(2) of the Marine Liability …

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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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Huxley v. Aquila Air Ltd., 1995 CanLII 1008

In Carriage of Goods by Air on (Updated )

This was a fatal accident claim brought by the children of the deceased, Mr. Huxley, who died in the crash of a commercial aircraft operated by the Defendant, Aquila Air Ltd., on a flight from Nanaimo to Vancouver. The Defendant sought a determination by the Court that the Defendant’s liability was governed by the Federal Carriage By Air Act which …

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