Labrador-Island Link General Partner Corporation v. Panalpina Inc., 2019 FC 740, 2020 FCA 36

In Limitation Periods in Maritime Law on (Updated )

Précis: The Federal Court of Appeal dismissed an appeal of a decision of the Federal Court which found that a claim brought against a freight forwarder and preforming carrier was subject to a 9 month limitation period and therefore time barred.

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Malcolm v. Shubenacadie Tidal Bore Rafting Park Limited, 2014 NSSC 217

In Limitation Periods in Maritime Law on (Updated )

Précis: The Nova Scotia Supreme Court held that the limitation period applicable to a river rafting accident that occurred prior to the 2009 amendments to the Marine Liability Act, was the two year limit in the Athens Convention which could not be extended even though the plaintiff was an infant.

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G.B. v. L. Bo, 2014 QCCS 18

In Limitation Periods in Maritime Law on (Updated )

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.

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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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Croisieres A.M.L. Inc. v. Goelette Marie Clarisse Inc., 2000 CanLII 16153

In Limitation Periods in Maritime Law on (Updated )

This was an application to extend the two year limitation period set by s. 572(1) of the Canada Shipping Act for the commencement of an action against a ship for damage to property or personal injury. The evidence showed that the Plaintiff had sent the Defendant a notice of its claim within the two year period. The Defendant acknowledged the …

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Nicholson v. Canada, [2000] 3 FC 225

In Limitation Periods in Maritime Law on (Updated )

This was a summary judgment motion by the Crown for an order dismissing the claims of the Plaintiffs as time barred. The Plaintiffs were the dependents and the executor of the deceased who died when his vessel hit a rock and sank. The Plaintiffs alleged that the accident was caused by the breach of statutory duties on the part of …

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Smallwood v. Hill, 1997 CanLII 3522

In Limitation Periods in Maritime Law on (Updated )

This was an appeal from an order under s. 572 (3) of the Canada Shipping Act extending the time in which to issue a Statement of Claim. The facts of the matter were that a boating accident occurred on August 4, 1990, but action was not commenced by the injured Plaintiff until January 26, 1995 i.e.. 30 months after the …

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Sidmar N.V. v. Fednav International Ltd., 1996 CanLII 3989

In Limitation Periods in Maritime Law on (Updated )

This matter concerned the interpretation of various agreements to extend suit time in a carriage of goods case. The cargo was carried by sea from Belgium to Detroit and Chicago under bills of lading which provided that suit should be brought in Canada. The carrier granted suit time extensions which were conditional on any subsequent actions being filed in Detroit. …

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