LIABILITY - Statutory limitations - Passenger - Injury by carriers and employees

Law360 Canada (August 18, 2022, 6:06 AM EDT) -- Appeal by the plaintiff from a decision finding that the respondents’ liability for injuries suffered by the appellant in a boating accident was subject to the limit set by the Marine Liability Act. The appellant, a habitat biologist, was invited by the respondents Mainroad and the Minister of Transportation to accompany them to perform reconnaissance by boat to identify sites along a riverbank that required emergency road stabilization work. Mainroad had a contract with the Minister to provide highway maintenance on a road that ran beside the river bank. As no commercial jet boat operator could be found in the area to provide transportation, Mainroad contracted with a private boat owner to provide the transportation by boat. The appellant was injured when the boat struck a sandbar or some other object in the river. At issue was whether the appellant was a passenger or person to whom the limitations on liability in s. 37 of the Act applied, and whether Mainroad and the Minister were carriers entitled to the benefit of those limitations....
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