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Shipping - Marine Liability Act. Koch v. Borgatti Estate
In Koch v. Borgatti Estate (Fed CA, 2022) the Federal Court of Appeal heard an appeal from a federal declaration case which was brought in support of an existing Ontario boat accident litigation case, attempting to reduce defendants' liability by virtue of the Marine Liability Act:[2] The circumstances giving rise to the motions and resulting orders are tragic. Two boats collided on Stoney Lake, in Ontario, on August 24, 2019. One was operated by the appellant, Kevin Koch, and the other by Richard Neil Borgatti. Regrettably, Mr. Borgatti and one of his passengers, Kristian Brudek, died as a result of the accident. Four others were injured, including Mr. Koch and Mr. de la Guardia, one of Mr. Koch’s passengers.
[3] Litigation in the Ontario Superior Court of Justice ensued against Mr. Borgatti’s estate and against Mr. Koch and his father David Koch, owner of the boat Mr. Koch operated.
[4] Subsequently, the Kochs brought an action in the Federal Court (Court File T‑198‑21) seeking a declaration that their liability be limited to $1,000,000 pursuant to the Marine Liability Act, S.C. 2001, c. 6 (the Koch limitation action). ...
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