Jun 22, 2021 in News Boating Accident

Boating Accident: Compensation Limits in Boating Accident Claims

Serious boating accidents happen every year in Ontario, particularly during the summer. Too often, these accidents are caused by the negligence or reckless behaviour of one or more at-fault parties. This month, perhaps the most notorious Ontario boating accident in recent memory is being addressed in criminal court - this blog will discuss that case and review compensation limits faced by boating accident lawyers and their clients.

The O'Leary Boating Accident Case

On the night of August 24, 2019, a boat captained by Linda O'Leary, wife of celebrity businessman and would-be politician Kevin O'Leary, collided with a second vessel on Lake Joseph, roughly 170 km north of Toronto. Two people on the second vessel were killed in the collision: 64-year-old Gary Poltash of Florida and 48-year-old Suzana Brito of Uxbridge, Ontario. Three other people on the second vessel were injured. The ongoing criminal trial will decide whether Linda O'Leary should be convicted of one charge of careless operation of a vessel under the Canada Shipping Act. Richard Ruh, who was operating the second vessel at the time of the collision, has also been charged with one count of failing to exhibit a navigation light while underway, according to CBC News Toronto. There are also several civil claims connected with the accident. In November 2019, the sister and parents of Suzana Brito filed a wrongful death lawsuit worth $2 million against the O'Learys, Ruh, and Irv Edwards, the owner of the second vessel. In May 2020, the O'Learys filed a lawsuit seeking more than $3 million in damages against Edwards and Ruh. In both cases, the defendants sought to limit damages to $1 million under the Marine Liability Act (MLA).

Compensation Limits Under the Marine Liability Act

As boating accident lawyers well know, plaintiffs who are injured due to the negligence or wrongdoing of a boater may face compensation limitations imposed by Section 29 of the MLA, which came into force in 2001. Section 29 states the following: "The maximum liability for maritime claims that arise on any distinct occasion involving a ship of less than 300 gross tonnage, other than claims referred to in section 28, is

a) $1,000,000 in respect of claims for loss of life or personal injury; and
b) $500,000 in respect of any other claims."

These limits put boating accident lawyers and their clients in a difficult position. While many boating accidents result in minor injuries that can be adequately addressed with compensation well below the liability cap, some cause serious, even life-changing injuries resulting in a lifetime of pain and suffering. In these cases, $1 million is unlikely to be sufficient compensation.

Contact Neinstein Personal Injury Lawyers

If you or a member of your family has been injured in a boating accident, contact us today to schedule a free, no-obligation consultation with our team of boating accident lawyers.   Image: Shutterstock