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Wozniak v. Alexander, 2008 ABQB 430

In Personal Injury and Maritime Law on (Updated )

The Plaintiff was seriously injured while tubing when her foot was nearly severed by the propeller of the towing boat operated by one Defendant. The operator admitted liability but alleged liability should be shared with the company from whom the boat was rented. The Court held, first, that a duty of care was owed by the rental company. In fact, …

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Russell et al. v. MacKay, 2007 NBCA 55

In Carriage of Passengers by Sea on (Updated )

The Plaintiff was a passenger on a whale watching vessel and was injured at sea when she tripped over a cooler while leaving the washroom on the vessel. The accident occurred on 3 August 2003 but action was not commenced until 20 July 2006. The Defendants brought this motion to dismiss the Plaintiff’s claim on the grounds that it was …

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Cuppen v. Queen Charlotte Lodge Ltd. et al, 2006 BCCA 443

In Personal Injury and Maritime Law on (Updated )

The Plaintiff was a guest at the Defendant’s fishing lodge. He was provided with a fishing boat by the Defendant and was injured while operating the boat. The trial Judge found that the boat veered suddenly and dramatically through no fault on the part of the Plaintiff. The Plaintiff was thrown against the starboard side of the boat and suffered …

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Vukorep v. Bartulin, 2005 BCCA 142

In Limitation of Liability in Maritime Law on (Updated )

In July 1998 the Plaintiff was injured on board the Defendant’s pleasure craft when the vessel hit a wave from a passing ferry. At the time of the accident the vessel was being operated by the Defendant who was also the owner. The Defendant brought this application for a determination of whether he could limit his liability pursuant to s. …

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Ferguson v. Arctic Transportation Ltd., 1998 CanLII 7914

In Personal Injury and Maritime Law on (Updated )

This was an action for damages for personal injury. The Plaintiff was a Panama Canal Pilot. At the time of the accident he was one of three Pilots on board the barge "AMT Transporter", ex the "Arctic Tarsiut", when she was transiting the Panama Canal. He was injured when an emergency tow line secured to the sides of the barge …

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Hawkins v. The "Margaret Elizabeth No.1" et al., 1997 CanLII 6107

In Personal Injury and Maritime Law on (Updated )

This case concerned a 17 year old plaintiff who was injured when the rigging of a fishing vessel struck a light pole on a wharf causing it to fall and strike the Plaintiff. The Plaintiff brought this action against the fishing vessel. The fishing vessel in turn brought a third party action against the Crown as owner of the wharf. …

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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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