The Supreme Court of Canada has recently ruled with respect to limitation of liability for maritime claims and wilful misconduct in marine insurance.
In the end result, the defendants’ liability was limited to approximately 50% of the claim and the claimants must pursue the defendants personally to satisfy their judgment, as the defendants breached their marine insurance policy.
In June 2006, Real Vallee, the principal of Peracomo Inc, was fishing on the company’s vessel, the Realice, in the St Lawrence River.
