LA LIMITATION DE RESPONSABILITÉ EN DROIT MARITIME CANADIEN ET LES CRÉANCES DES PASSAGERS ET AUTRES ACTEURS MARITIMES

Abstract

The principle of limitation of liability applies to many actors in the marine industry. It is the focus of some of the international conventions that Canada has incorporated into its maritime law. These documents specify the scope of application of limitation of liability, the beneficiaries and the cases of exclusion. The authors analyze the application of this principle in Canadian maritime law with respect to losses incurred by passengers, crew members and other employees of a shipowner or carrier, as well as losses incurred by other maritime actors such as fishers and pilots. But as the principle of limitation is an important aspect of maritime tort liability, the authors start by outlining the difficulties that arise from the application of Canadian maritime law, both at the constitutional level and in terms of identifying the applicable legislation.