Heather Colman

This appeal arose from a tragic boat accident involving multiple fatalities and injuries.

The Court of Appeal addressed three consolidated appeals: liability of government respondents, interpretation of the Marine Liability Act's monetary cap, and costs.

The court upheld the motion judge's finding that the boat operators were solely liable for the accident, dismissing the appeal against the government respondents.

It also affirmed that the Marine Liability Act's monetary cap for maritime claims for loss of life or personal injury does not include costs and interest.

While leave to appeal the quantum of costs and the Sanderson Order was denied, leave was granted on one specific costs issue, resulting in both estates being held jointly and severally liable for one plaintiff's costs.

Orchid Leasing Corporation brought a motion for summary judgment to dismiss the plaintiff's claim and Kent & Essex Mutual Insurance Company's cross-claim against it, arguing it was not the legal owner of the tractor involved in a motor vehicle accident at the time of the incident.

The court applied the principles of summary judgment and the legal test for ownership under the Highway Traffic Act, which establishes a rebuttable presumption of ownership based on MTO registration.

The court found that Orchid had successfully rebutted this presumption by demonstrating it had transferred all indicia of ownership and control to the driver, Dhillon, prior to the accident.

Consequently, the motion for summary judgment was granted, dismissing all claims against Orchid.