Marginal note:Limitation period
14. (1) No action may be commenced under subsection 6(1) later than two years after the cause of action arose.
Marginal note:Limitation period
(2) No action may be commenced under subsection 6(2) later than two years after the death of the deceased person.
APPORTIONMENT OF LIABILITY
Interpretation and Application
Definition of “earnings”
15. (1) In this Part, “earnings” includes freight, passage money and hire.
Marginal note:Meaning of loss caused by ship
(2) For the purposes of this Part, a reference to loss caused by the fault or neglect of a ship shall be construed as including
(a) any salvage expenses consequent on that fault or neglect; and
(b) any other expenses consequent on that fault or neglect and recoverable at law by way of damages, other than a loss described in subsection 17(3).
Marginal note:Application of this Part
16. This Part applies in respect of a claim that is made or a remedy that is sought under or by virtue of Canadian maritime law, as defined in the Federal Court Act, or any other law of Canada in relation to any matter coming within the class of navigation and shipping.
Marginal note:Apportionment based on degree of fault
17. (1) Where loss is caused by the fault or neglect of two or more persons or ships, their liability is proportionate to the degree to which they are respectively at fault or negligent and, if it is not possible to determine different degrees of fault or neglect, their liability is equal.
Marginal note:Joint and several liability
(2) Subject to subsection (3), the persons or ships that are at fault or negligent are jointly and severally liable to the persons or ships suffering the loss but, as between themselves, they are liable to make contribution to each other or to indemnify each other in the degree to which they are respectively at fault or negligent.
Marginal note:Exception — loss of ships and property
(3) Where, by the fault or neglect of two or more ships, loss is caused to one or more of those ships, their cargo or other property on board, or loss of earnings results to one or more of those ships, their liability to make good such loss is not joint and several.
Marginal note:Persons responsible
(4) In this section, a reference to liability of a ship that is at fault or negligent includes liability of any person responsible for the navigation and management of the ship or any other person responsible for the fault or neglect of the ship.
Marginal note:Claim for contribution or indemnity
18. A person who is entitled to claim contribution or indemnity under this Part from another person or ship that is or may be liable in respect of a loss may do so
(a) by adding the other person or ship as a party to a proceeding pending before a court or an administrative or arbitral tribunal of competent jurisdiction, in accordance with the applicable rules of procedure or arbitration agreement;
(b) by commencing a proceeding in a court or an administrative or arbitral tribunal of competent jurisdiction; or
(c) if the other person or ship has settled with the person suffering the loss, by commencing or continuing a proceeding before a court or an administrative or arbitral tribunal of competent jurisdiction.
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