Malcolm (infant - plaintiff) and his mother (guardian) went on an excursion operated by the Shubenacadie Tidal Bore Rafting Park Ltd (defendant) on the Shubenacadie River in August 2008. Connor fell out of the defendant’s Zodiac and suffered injuries requiring treatment at the IWK Health Centre. The plaintiff, through his guardian, commenced legal proceedings against the defendant alleging negligence which caused the injuries on 23 May 2013. The defendant applied to strike out the action on the basis that the claim was out of time - the applicable limitation period had expired.

The Marine Liability Act includes provisions dealing with liability for carriage of passengers by water and sets out the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (Athens Convention 1974) in Sch 2 of the Marine Liability Act, SC 2001, c 6. Article 16 provides the time bar for actions.

Held: Action dismissed.

The limitation period under the Athens Convention 1974 started upon the disembarkation of the passenger. That was an ascertainable date and the discovery principle had no application.

The Athens Convention 1974 and the Marine Liability Act do not contain any provision which says that limitation periods for infants are postponed until they attain majority. Without such language, there was no basis to apply such an interpretation to defeat the clear language of the statute.

For a personal injury claim, it would be time-barred after a period of 2 years (art 16.1), and the limitation period should be calculated from the date of the passenger's disembarkation (art 16.2.a) expiring on 29 August 2010. The time period could only be suspended or extended in accordance with art 16 of the Athens Convention 1974, not Nova Scotia legislation or the discoverability principle.