Limitation Periods

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Limitation Periods

The limitation periods that apply to claims governed by maritime law are not always easy to identify or locate. The federally prescribed limitation periods for many of the more common claims subject to maritime law are addressed below. For those claims for which there is not a specific limitation period, s. 140 of the Marine Liability Act now provides for a general limitation period of three years.

Summary Table

Claim

Statute

Period

Personal Injury from Collision between
ships

MLA s. 23(1)

2 Years

Personal Injury to a “passenger”

Athens Convention, art. 16 r. 1

2 years

Other Personal Injury

MLA s. 140

3 years

Dependant’s Claims

MLA, s. 14

2 years

Property Damage from Collision between
ships

MLA s. 23(1)

2 years

Damage to Cargo Governed by Hague Visby

Hague-Visby Rules, art. 3. r.6

1 year

Other Property/Cargo Damage

MLA s. 140

3 years

Pollution Claim Against Owner of a Ship

MLA, Sched. 5,

3 years (but can be as much as 6 years)

Pollution Claim Against Administrator of
SSOPF

MLA, s. 103

2 years (but can be as much as 5 years)

All Other Claims under Canadian Maritime
Law

MLA, s. 140

3 years

Application of Provincial Limitation Statutes

It is now reasonably clear that the limitation periods under provincial limitation statutes will not apply to matters governed by Canadian maritime law as there is now a general limitation period in s. 140 of the Marine Liability Act applying a three year limitation period to all matters governed by Canadian maritime law for which there is not a specific federally prescribed period. This three year general limitation period was contained in Bill C-7 and enacted on 23 June 2009. Cases decided prior to the enactment of Bill C-7 and which applied provincial limitation statutes should be treated with care. Cases which have refused to apply provincial limitation statutes include: Nicholson  v. Canada, [2000] 3 FC 2252007 NBCA 552009 QCCA 1246 2014 QCCS 18; and Malcolm v. Shubenacadie Tidal Bore Rafting Park Limited, 2014 NSSC 217. These cases also stand for the proposition that those parts of provinicial limitation statutes that operate to extend limitation periods will not apply where the matter is governed by Canadian maritime law. A case to the contrary is Gaudet v. Navigation Madelaine Inc., 2014 QCCS 4106 but it is not very convincing as it is against the weight of authority.

Federally Prescribed Limitation Periods

Personal Injury – Death

If personal injury results from a collision between two ships the limitation period is two years as set out in s. 23(1) of the Marine Liability Act.

If personal injury is caused to a passenger the limitation period is two years as set out in Art.16, r.1 of the Athens Convention.

If the claim is for personal injury not caused in a collision between two ships and not to a passenger, the limitation period is three years as set out in s. 140 of the Marine Liability Act.

Property/Cargo Damage

If property damage results from a collision between two ships, the limitation period is two years as set out s.23(1) of the MLA.

If the property damage is to cargo that is carried under a contract of carriage subject to the Hague-Visby Rules, the limitation period is one year as set out in Art. III, r. 6 of the Hague-Visby Rules.

If the claim is for property damage not caused in a collision between two ships and not to cargo covered by the Hague-Visby Rules, the limitation period is three years as set out in s. 140 of the MLA.

Claims by Dependants

Claims by dependants of an injured or deceased person must be commenced within two years pursuant to s.14(1)and (2) of the Marine Liability Act.

Pollution

Pursuant to Art. VIII of Sched. 5 of the Marine Liability Act, a claim against the owner of a ship for damages caused by pollution must be commenced before the earlier of (i) three years after the day on which the pollution damage occurred, and (ii) six years after the occurrence that caused the pollution damage. If the pollution damage was caused by more than one occurrence having the same origin, the claim must be commenced within six years after the first of the occurrences.

Pursuant to s. 103 of the Marine Liability Act, a claim against the Administrator of the Ship Source Oil Pollution Fund must be commenced a) within two years after the day on which oil pollution damage occurred and five years after the occurrence that caused that damage, or (b) if no oil pollution damage occurred, within five years after the occurrence in respect of which oil pollution damage was anticipated.

Contribution – Indemnity

Pursuant to s. 20 of the Marine Liability Act, actions against third parties for contribution or indemnity must be commenced within one year of the date of the judgement or settlement giving rise to the claim.

All other matters governed by Canadian maritime law

Pursuant to s. 140 of the Marine Liability Act, all other claims governed by Canadian maritime law must be commenced within three years after the date the cause of action arose.