Maritime Law
Practice
Motion to appeal findings of report on reference issued by prothonotary following drowning death of respondent’s husband while working on board fishing vessel Miss Megan — Applicants admitting liability for death but disputing entitlement to certain damages — Prothonotary not erring in law in finding deceased’s siblings eligible under Marine Liability Act, S.C. 2001, c. 6, s. 4(c) to recover damages — Committing no reviewable errors in assessment of damages for loss of care, guidance, companionship — No reason to interfere with weighing of evidence as to life expectancy of deceased’s daughter, deceased himself, assessment of loss of financial support, valuable services for deceased’s wife, daughter — No error made by prothonotary in finding deceased would likely have worked until age 70, earning wage comparable to years prior to death — Motion dismissed.
Wilcox v. Miss Megan (The) (T-753-05, 2008 FC 506, O’Keefe J., judgment dated 18/4/08, 28 pp.)