Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Malcolm v. Shubenacadie Tidal Bore Rafting Park Ltd., 2014 NSSC 217

 

Date: 20140709

Docket: Hfx No. 415787

Registry: Halifax

 

Between:

 

                               Connor Joseph Malcolm by his Litigation

                                           Guardian Angela Malcolm

 

                                                                                                                 Plaintiff

 

                                                             v.

 

                            Shubenacadie Tidal Bore Rafting Park Limited

 

                                                                                                           Respondent

 

 

 

 

 

LIBRARY HEADING

 

 

 

Judge:                            The Honourable Justice Michael J. Wood

 

Heard:                            March 27, 2014, in Halifax, Nova Scotia

 

Written Decision: July 9, 2014

 

Subject:                          Limitation of Actions

 

 

 

 

 

 

 


 

Summary:                      The infant plaintiff was injured on a rafting excursion on the Shubenacadie River and brought this action against the defendant operator.  The defendant alleges that the applicable limitation period is under the Federal Marine Liability Act and the action was started out of time.  Defendant brought motion for summary judgment.

 

Issue:                    What is the applicable limitation period and had it expired before commencement of the action?

 

Result:                           The Maritime Liability Act governs the claim and the applicable limitation period had expired.  There is no discretion to suspend or extend the period even though the plaintiff is an infant.  Summary judgment granted to the defendant.

 

 

 

 

 

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