Limitation of Liability in Maritime Claims: The Unbreakable Limit is Broken


This paper discusses due diligence in the occupational health and safety context as it relates to the defence of a regulatory prosecution or administrative proceedings. The paper begins with a general overview of the defence of due diligence, followed by a review of recent significant decisions from Western Canada. The purpose of the case review is to focus on how courts and administrative tribunals have applied the principles of due diligence, particularly with respect to foreseeability, that is, the types of hazards an employer is expected to foresee, and how the employer is expected to respond to those hazards. The emphasis is on what practical lessons can be learned to apply to the workplace to avoid incidents, and to defend a prosecution or to respond in administrative proceedings.

About David S. Jarrett

David practices in the areas of maritime and transportation law, insurance defence, product liability and civil and commercial litigation.  He has a broad range of experience including vessel arrest, collision, pollution, tug and tow, bodily injury and cargo in addition to non-maritime contract, insurance and employment matters and defending auto manufacturers in product liability claims.  David’s experience includes on board… view full profile »