Nova Scotia Boat Accident Lawyers

Federal law governs a boating injury in Nova Scotia, and the provincial auto scheme does not apply. The Marine Liability Act sets the rules and has its own limitation periods. A Nova Scotia boat accident lawyer files against the operator and the vessel’s insurer. There is no minor injury cap on these claims.

The Marine Liability Act Sets a Three-Year Default Limit for Many Vessel Claims

The Marine Liability Act, SC 2001, c 6 carries a three-year default limitation, with two years for passenger and dependant claims, and applies to many boating injury claims. Where the provincial statute governs instead, the Limitation of Actions Act, SNS 2014, c 35 also gives two years from discovery, with a fifteen-year ultimate period and a pause for minors under s. 18. Assume two years from the day of the accident under either regime. Which Act applies can itself be argued. A Nova Scotia boat accident lawyer files inside the shorter reading.

The Marine Regime Has No Cap and No Section B

Nova Scotia’s Insurance Act minor injury cap belongs to automobile claims. It has no application to a person hurt on a boat. There is no Section B either, because there is no auto policy. What responds is the vessel’s liability insurance, often attached to a homeowner or a marine policy, and the operator personally. The Marine Liability Act also limits a shipowner’s liability on a scale set by the vessel. That matters in claims against commercial operators and tour boats.

A Nova Scotia Boat Accident Lawyer Files in the Supreme Court or the Federal Court

Most recreational boating claims go to the Supreme Court of Nova Scotia, where either side can request a civil jury. Admiralty matters can also go to the Federal Court. The claim starts with the Transport Canada and police reports, the vessel’s registration and safety equipment, and the operator’s licence and sobriety. A demand follows the medical prognosis. Then discovery, mediation and, if needed, trial.

There Is No Section B on a Boat, and WCB May Cover Crew

With no automobile involved, there are no Section B benefits. WCB Nova Scotia usually covers a deckhand, fishing crew member or tour employee hurt at work. The Workers’ Compensation Act then bars a suit against the employer and leaves a claim against a third-party vessel open if you give written notice electing to sue within 180 days. MSI recovers the province’s cost of treatment from the wrongdoer inside the action, under the Health Services and Insurance Act.¹

The Operator Was a Friend and the Boat Was Theirs. Can I Still Claim?

Yes. The claim is against the operator’s insurance, which exists for exactly this. Most people injured on a friend’s boat delay because of the relationship. Delay is the one thing the marine limitation punishes.

Does It Matter That I Was Not Wearing a Life Jacket?

For a drowning or near-drowning, yes. The defence will argue contributory negligence and ask for a reduction. For a propeller injury, a fall on deck or a collision injury, a life jacket is irrelevant.

I Was Hurt on a Whale-Watching or Fishing Charter. Who Is Liable?

The charter company, as operator and employer of the crew. Commercial operators carry marine liability insurance and may invoke the Marine Liability Act’s limitation of liability, which a Nova Scotia boat accident lawyer will test against the size of the vessel and the operator’s conduct.

What About a Collision with a Personal Watercraft?

Same rules apply. A jet ski is a vessel, and its operator owes the same standard of care as any other operator.

The firm’s reported decisions are on our injury results. Read the Marine Liability Act and boat insurance for the federal scheme in more detail.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. Contact the firm, call the Halifax office, or read what the firm can do.