The appellant suffered severe spinal injuries when a pleasure craft he was on struck rocks in tidal waters.
He sued the respondents in tort.
The respondents sought to limit their liability under ss. 647 and 649 of the Canada Shipping Act.
The appellant challenged the constitutional validity of these provisions, arguing they fell under provincial jurisdiction over property and civil rights.
The Supreme Court of Canada held that the provisions are intra vires Parliament as they are in pith and substance legislation in respect to Canadian maritime law, which extends to torts committed on navigable waters, including those involving pleasure craft.
