Boating injuries and deaths that occur in Canada are generally governed by the Marine Liability Act because maritime law in Canada is federal jurisdiction. Typically, accidents that occur in the rivers and lakes around Ottawa will subject to the Marine Liability Act and actions will advanced in the Federal Court. However, it may be possible to seek compensation in the provincial courts if there is concurrent jurisdiction.
Generally, if a person suffers a serious boating injury the claim for compensation is capped under the Marine Liability Act at $1,000,000 for claims for loss of life or personal injury and $500,000 in respect of any other claims. Close family members (as defined in the Act) of the victim will also be able to seek compensation.
Boating accidents can arise in many situations and it is important to contact an experienced lawyer to find out the best course of action to recover compensation. Many factors need to examined during the a lawyer’s investigation of a boating injury including some of the following:
- licensing of the boat
- size of the boat
- safety rules and regulations for operation of the boat
- licensing and experience of the operator
- ownership of the boat
- right of way rules
- diligence of the operator
- last opportunity to avoid a collision
- impairment of the operator, if any
Contact one of our Ottawa lawyers today for a free consultation if you or a family has been injured in a boating accident. McNally Gervan Lawyers is located in Ottawa and represents individuals across Canada who have suffered serious or catastrophic injuries.