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We treat these as maritime files from day one, because that is what they are. Canadian maritime law governs a collision in Halifax Harbor the same way it governs one off Cape Breton, and the Federal Court shares jurisdiction with the Nova Scotia Supreme Court over them.
Our founding principal has appeared at every level of court in this region. 506 Google reviews put the Halifax office at 4.9 stars, and we act on no fee unless we win. First moves in a vessel file:
A vessel file also has a ceiling that a road file does not. Section 29 of the Marine Liability Act limits what a ship under 300 gross tonnage can be liable for to $1,500,000 on claims for loss of life or personal injury, which covers most pleasure craft on this coast.
That number shapes strategy from the first week, because it decides whether one policy can carry the claim or whether we need to find others.
Ask us to check what coverage exists before you speak to anyone's adjuster, and we will tell you what the limit means for your file.
The operator, usually, and sometimes the owner, who handed over the keys.
Impairment is treated as the same way afloat as it is on the road.
Section 320.14 of the Criminal Code, R.S.C. 1985, c. C-46 applies to operating any conveyance, and a vessel counts.
Competency is a separate question people rarely think to ask about.
Section 3(1) of the Competency of Operators of Pleasure Craft Regulations, SOR/99-53 says no person shall operate a pleasure craft unless they are competent to do so and have proof of competency on board.
Whether the operator held that card and whether the owner checked both go to the claim.
Possible defendants in a vessel file:
Naming all of them early matters, because pleasure craft often carry far thinner coverage than a car.
The primary reason is that nobody has to buy it. Nova Scotia compels every driver to carry auto insurance. Still, there is no equivalent requirement for a pleasure craft, so the boat that hurt you may have no policy behind it at all.
Section B accident benefits do not exist here either. Nothing pays your treatment costs while the claim runs, which is why the tonnage limit above matters so much.
Because no benefits system sits underneath, the claim itself has to carry:
Finding a second policy, such as a homeowner endorsement, often decides whether a file is viable, and owners frequently do not know they carry one.
We act in ATV accidents and snowmobile accidents as well, and the contrast between land and water is instructive.
Section 14A of the Off-highway Vehicles Act, R.S.N.S. 1989, c. 323, deems land riders to have accepted the risks of riding on someone's property.
No equivalent bar applies on the water. Recreational files we handle include:
Say where it happened, and we will tell you which body of law actually governs the claim.
Boating files sit alongside our work in car accidents and every other injury claim we run. Describe the day, send whatever paperwork you were given, and we will tell you where you stand.
Our lawyers travel to clients along the South Shore and across Atlantic Canada. Reach Wagners at (902) 425-7330 or 1-800-465-8794 to book your free consultation.
We have nearly 80 years of experience in helping injured victims in obtaining justice for their injury claims.
If you or a loved one have been injured or harmed in an All-Terrain Vehicle, Boat or Snowmobile accident – you should contact a lawyer experienced in this area of civil litigation. The lawyers at Wagners have the depth of experience, nearly 80 years of practice, and the expertise to advise and represent you in all stages of your case.
We will pursue your case as fully as is allowed under the law with the goal of ensuring that you receive all of the compensation to which you are entitled. We will strive to bring responsibility to those who have harmed you.
Contact us at Wagners for a review and evaluation of your case.
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