Isen v. Simms

Isen v. Simms

Securing the engine cover for highway transport was not integrally connected to navigation on waterways and thus falls under provincial jurisdiction over property and civil rights; consequently the Canada Shipping Act limitation (s.577) is not applicable and the respondent cannot invoke it.

Citation
2006 SCC 41
Parties
Appellant: Stephen Simms; Appellant: Marla Simms; Respondent: William Isen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 2006
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From the Federal Court of Appeal
Outcome
Appeal allowed; respondent may not claim limitation of liability under the Canada Shipping Act; matter governed by provincial law
Legal Topics
Limitation of Liability, Navigation and Shipping, Division of Powers, Pleasure Craft, Jurisdictional Boundary Between Federal Maritime Law and Provincial Property and Civil Rights
Source Language
English
Constitutional Law Maritime Law Tort Law Personal Injury Law Limitation of Liability Navigation and Shipping Division of Powers Pleasure Craft +1 more

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Parties

Stephen Simms

Appellant

Marla Simms

Appellant

William Isen

Respondent

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From the Federal Court of Appeal

Legal Issues

  1. 1 Whether the allegedly negligent acts in securing a pleasure craft for highway transport fall within federal maritime law
  2. 2 Whether s.577 of the Canada Shipping Act limits the respondent’s liability to $1,000,000
  3. 3 Whether the matter is within federal jurisdiction over navigation and shipping under s.91(10) or provincial jurisdiction over property and civil rights under s.92(13)

Ratio Decidendi

Securing the engine cover for highway transport was not integrally connected to navigation on waterways and thus falls under provincial jurisdiction over property and civil rights; consequently the Canada Shipping Act limitation (s.577) is not applicable and the respondent cannot invoke it.

Court Disposition

Appeal allowed; respondent may not claim limitation of liability under the Canada Shipping Act; matter governed by provincial law

Orders

  • Appeal allowed with costs
  • Costs awarded to appellants here and in the courts below