Marine Liability Act (S.C. 2001, c. 6)
Full Document:
Assented to 2001-05-10
Marginal note:Claimant may sue owner’s guarantor
62. A claimant may commence an action against a guarantor of the owner of a Convention ship in respect of a matter referred to in subsection 51(1) and, in that event,
(a) the guarantor is entitled to establish the defences affecting the owner’s liability set out in subsection 51(3) and, in addition, may establish as a defence that the occurrence resulted from the wilful misconduct of the owner;
(b) the guarantor may not plead as a defence the bankruptcy or winding-up of the owner;
(c) irrespective of whether the owner is entitled to limitation of liability, the guarantor is entitled to limitation of liability in respect of claims made by virtue of this section to the same amount and in like manner as an owner is entitled to limitation of liability under this Part; and
(d) if the owner of a Convention ship and the guarantor each applies to the Admiralty Court in accordance with subsection 58(2) in order to limit their liability, any amount paid into court or filed as a guarantee pursuant to either application shall be treated as paid or filed also pursuant to the other application.
Registration of Foreign Judgments
Marginal note:Definitions
63. The definitions in this section apply in this section and in sections 64 to 71.
“foreign judgment”
« jugement étranger »
“foreign judgment” means a judgment of a court of a state other than Canada that is a party to the Civil Liability Convention in respect of a liability described in Article III of that Convention, resulting from an occurrence after the entry into force of that Convention for Canada.
“judgment creditor”
« bénéficiaire du jugement »
“judgment creditor” means a person in whose favour a foreign judgment was rendered, and includes the person’s assigns, heirs, executors, liquidators of the succession, administrators and other legal representatives.
“judgment debtor”
« débiteur »
“judgment debtor” means a person against whom a foreign judgment was rendered, and includes a person against whom the foreign judgment is enforceable under the law of the state in which it was rendered.
Marginal note:Registration of foreign judgments
64. (1) If a foreign judgment has been rendered, the judgment creditor may, at any time during which the foreign judgment is enforceable in the state in which it was rendered, apply to the Admiralty Court in accordance with its rules to have the foreign judgment registered in that Court.
Marginal note:Court may register foreign judgment
(2) On an application made under subsection (1), the Admiralty Court may, subject to subsections (3) and (4) and section 67, order the registration of the foreign judgment if it is satisfied
(a) that a case for registration has been made; and
(b) that the foreign judgment is not under appeal and is no longer subject to appeal in the state in which it was rendered.
Marginal note:If judgment debtor appears
(3) If, under the rules of the Admiralty Court, the judgment debtor appears at the hearing of an application made under subsection (1), that Court may not order the registration of the foreign judgment if it is satisfied that
(a) the foreign judgment has been fully satisfied;
(b) the foreign court acted without jurisdiction;
(c) the foreign judgment was obtained by fraud; or
(d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case.
Marginal note:When judgment partly satisfied
(4) On any application made under subsection (1), if the Court is satisfied that the foreign judgment has been partly satisfied, the foreign judgment shall be ordered to be registered only in respect of the balance remaining payable.
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