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Marine Liability Act

Version of section 53 from 2023-06-22 to 2024-04-01:


Marginal note:Admiralty Court’s powers

  •  (1) When a claim is made or apprehended against a person in respect of liability that is limited under the Civil Liability Convention, the Admiralty Court, on application by that person or any other interested person, may take any steps that it considers appropriate, including

    • (a) determining the amount of the liability and providing for the constitution and distribution of a fund under that Convention;

    • (a.1) permitting that person to reduce the amount that they are required to pay to the fund by up to an amount equal to the sum of any amounts paid to a claimant before the constitution of the fund; and

    • (b) joining interested persons as parties to the proceedings, excluding any claimants who do not make a claim within the time limits set out in Article VIII of that Convention, requiring security from the person claiming limitation of liability or from any other interested person and requiring the payment of any costs.

  • Marginal note:Admiralty Court may postpone distribution

    (2) In providing for the distribution of a fund under paragraph (1)(a) in relation to any liability, the Admiralty Court may, having regard to any claim that may subsequently be established before a court, tribunal or other authority outside Canada in respect of that liability, postpone the distribution of any part of the fund that it considers appropriate.

  • Marginal note:Procedural matters

    (3) The Admiralty Court may

    • (a) make any rule of procedure that it considers appropriate with respect to proceedings before it under this section; and

    • (b) determine what form of guarantee it considers to be adequate for the purposes of paragraph 3 of Article V of the Civil Liability Convention.

  • 2001, c. 6, s. 53
  • 2009, c. 21, s. 11
  • 2023, c. 26, s. 324

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