Knight v. Black
2022 BCCA 130
Court of Appeal for British Columbia, April 7, 2022
Facts: The British Columbia Ministry of Transportation ("MOT") retained a highway contractor to perform maintenance work on a roadway bordering a river where concerns had been raised about erosion and its potential impact on fish habitat. Ms. Knight, a biologist with the Department of Fisheries and Oceans, participated in a reconnaissance trip with representatives of the MOT and the contractor to assess conditions along the river. To facilitate the trip, the contractor and the MOT rented a boat from Mr. Black, who was compensated for its use even though he did not typically rent out his vessel. During the trip, Mr. Black struck a sandbar while operating the boat, causing injuries to Ms. Knight. At trial, the Court held that Mr. Black, the contractor, and the MOT were all entitled to limit their liability as carriers under the Athens Convention. Ms. Knight appealed.
Decision: The appeal was allowed in part. Mr. Black was entitled to limit his liability as a carrier under the Athens Convention, but the MOT and the highway contractor were not carriers and therefore could not rely on the Convention's liability limitation provisions.
Held: The Court held that the Athens Convention, incorporated into Canadian law through the Marine Liability Act, applies to passengers carried on vessels operated for a commercial purpose. The arrangement between Mr. Black and the highway contractor constituted a contract of carriage, despite being characterized as a charterparty, and Ms. Knight was a passenger under that contract. Accordingly, Mr. Black was a carrier entitled to the statutory limitation of liability provided by the Athens Convention and the Marine Liability Act. The Court further held that the limitation applies by operation of law and does not depend on notice being given to passengers. However, the MOT and the highway contractor were not carriers because they had no contractual obligation to transport Ms. Knight. As they were not carriers, they could neither invoke nor be subject to the liability regime established by the Athens Convention.