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 SummaryOddy v. Waterway Partnership Equities Inc., 2017 BCSC 1879
Précis: The British Columbia Supreme Court dismissed an action against the owner of a rented houseboat for personal injuries suffered by a renter when a mooring stake broke loose under strain and hit the plaintiff.
Full SummaryBanford v. Mitchelson, 2016 SKQB 328
Précis: The operator of a vessel involved in a collision is not precluded from denying liability where his guilty plea was entered for economic reasons. He was nevertheless found liable.
Full SummaryCormack v. Chalmers, 2015 ONSC 5564
Précis: The court held a "Mary Carter" type settlement agreement with one defendant, who was entitled to limit his liability, did not change the liability of the other defendant to several from joint.
Full SummaryRanjbar v. Islamic Republic of Iran Shipping Lines, 2014 BCSC 1983
Précis: A crew member was injured on an automatic gangway and the terminal was found liable for not properly warning users of the dangers inherent in such an automatic gangway.The plaintiff, however, failed to mitigate damages.
Full SummaryToney v. Canada, 2014 ABQB 585
Précis: The Alberta Court of Queen’s Bench struck a claim for personal injuries that was made out of time and questioned whether "grief" claims allowed under the provincial act could be made in an incident governed by maritime law.
Full SummaryG.B. v. L. Bo, 2014 QCCS 18
Précis: The Quebec Superior Court held, in respect of an event that occurred before s. 140 of the Marine Liability Act was enacted, that the three year limitation period under that section commenced to run on the date s.140 came into force.
Full SummaryWoodbury v. Woodbury, 2013 ONSC 7736
Précis: The court severed the liability issues from damages issues in a personal injury action.
Full SummaryKotai v. The "Queen of the North", 2009 BCSC 1405
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. …
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 …
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