JD Irving Ltd v Siemens Canada Ltd and Others (The “SPM 125”) 2016 FC 287

No right to limit: independent contractors In The SPM 125, the Federal Court of Canada considered whether those with a contractual relationship with the shipowner can limit their liability under global tonnage conventions.

In this supplemental judgment dated 7 March 2016, the court decided the specific issue of whether independent contractors of a shipowner – in this case, marine consultants – were entitled to limit their liability under article 1(4) of the Convention on Limitation of Liability for Maritime Claims 1976, as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976 (“the Convention”) on the basis that they were persons for whose act, neglect or default the shipowner was responsible.