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Marine Liability Act

Version of section 52 from 2010-01-02 to 2024-06-19:

Marginal note:Admiralty Court’s jurisdiction — limitation fund

  •  (1) The Admiralty Court has exclusive jurisdiction with respect to any matter relating to the constitution and distribution of a limitation fund under the Civil Liability Convention.

  • Marginal note:Right to assert limitation defence

    (2) When a claim is made or apprehended against a person in respect of liability that is limited under the Civil Liability Convention, that person may assert their right to a limitation of liability by constituting a fund as required under that Convention and filing a defence, or by way of action or counterclaim for declaratory relief, in the Admiralty Court.

  • Marginal note:Stay of proceedings

    (3) When a fund is constituted in the Admiralty Court, any other court, where an action asserting limitation of liability under the Civil Liability Convention has been commenced, shall stay the proceedings and refer all claims under that Convention to the Admiralty Court.

  • 2001, c. 6, s. 52
  • 2009, c. 21, s. 11

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