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 SummaryKirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009
Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.
Full SummaryTransport Desgagnes Inc. v. Wartsila Canada Inc., 2015 QCCS 5514, 2017 QCCA 1471
Précis: The Quebec Court of Appeal held that the sale of a marine engine was governed by Canadian maritime law and the vendor was entitled to rely upon the limitation clause in its contract.
Full SummaryJ.D. Irving Limited v. Siemens Canada Limited, 2016 FC 287
Précis: Independent contractors of the ship owner are not entitled to limit liability pursuant to the provisions of the LLMC convention.
Full SummaryJ.D. Irving Limited v. Siemens Canada Limited, 2016 FC 69
Précis: The right of a ship owner to limit liability for damage to cargo when a barge capsized was upheld.
Full SummaryGrieg Shipping A/S v. Fortune Marine Ltd. (The Dubai Fortune), 2012 FC 1110, 2013 FCA 218
Précis: The Federal Court of Appeal confirmed the trial judgment that, in the circumstances, the vessel was not vicariously liable for the negligent acts of the master of the tug.
Full SummaryDurunna v. Air Canada, 2013 ABPC 31
The plaintiff shipped 10 laptop computers with Air Canada from Canada to Nigeria. The computers disappeared en route. Air Canada defended the action arguing that its liability was limited pursuant to the terms of the Montreal Convention. Decision: Plaintiff is entitled to judgment for the value of the computers plus shipping costs. Held: The Montreal Convention did not do away …
Full SummarySiemens Canada Limited v. J.D. Irving, Limited, 2011 FC 791, 2012 FCA 225
Précis: The Federal Court of Appeal upheld the decision of the trial Judge enjoining proceedings in a provincial superior court while a limitation action was proceeding.
Full SummaryNorth Ridge Fishing Ltd. et al v. The Prosperity, 2000 B.C.S.C. 1124
This case involved a collision between the net of the fishing vessel Savage Fisher (plaintiff) and the fishing vessel “Prosperity” in the 1997 herring seine fishery. This fishery was described by the trial judge as a “high stakes race . . . where from an opening ‘gun’, many vessels,sometimes dozens,would set their nets at speed in very close proximity during …
Full SummaryCapilano Fishing Ltd. v. Qualicum Producer (The), 2001 BCCA 244
This was a net damage case involving a claim for damages incurred by a vessel when its net was fouled by another vessel during a very short opening in the 1997 herring seine fishery. The issues raised by this case included the following: 1)Recovery for contractual relational economic loss; 2)Limitation of Liability; 3)Restitution for unjust enrichment with an accounting of …
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