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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