This was an application under the B.C. Infants Act for court approval of a settlement reached with the plaintiffs, the two surviving children of one of the passengers who died as a result of the sinking of the “Queen of the North” on 22 March 2006. The Court assessed the headings of loss of love, guidance and affection, past loss …
Full SummaryMcDonald v. The "Queen of the North", 2009 BCSC 646
This was an application seeking court directions with respect to the process to be followed under the B.C. Infants Act which requires court approval of any settlement involving minors. The plaintiff requested that the hearing for court approval be held “in camera” and that the settlement not be publicly divulged. The Court noted that it had the power to do …
Full SummaryWilcox v. The Miss Megan, 2008 FC 506
This was a case in which the Defendant admitted liability for a fatal injury when a fishing vessel capsized. The deceased drowned. Claims were made under the provisions of the Marine Liability Act by the deceased’s widow, three adult children and brothers and sisters. The first issue was whether the brothers and sisters could make a claim under the MLA. …
Full SummaryR. v. MacKay, 2008 NSPC 8
The accused was the owner and operator of a pleasure craft that collided with a buoy in Halifax Harbour. A passenger was killed in the collision. With respect to the test for criminal negligence, the Court said “if his operation of the vessel was a marked and substantial departure from the standard of the reasonable operator in circumstances where he …
Full SummaryR. v. Broadwith, 2007 BCSC 1910
The accused was the Captain of a houseboat that capsized resulting in the death of a passenger. He was charged with criminal negligence causing death. Although the Court accepted the evidence of the Crown’s expert that the house boat was overloaded and was destined to capsize because of this, the Court held that the Crown had failed to prove the …
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