Federal Court Has Jurisdiction over Seafarer's Unjust Dismissal Claim - 3 Year Limitation Applies
Most provinces in Canada have 2 year limitation periods. Meanwhile section 140 of the Marine Liability Act provides that: 140 Except as otherwise provided in this Act or in any other Act of Parliament, no proceedings under Canadian maritime law in relation to any matter coming within the class of navigation and shipping may be commenced later than three years after the day on which the cause of action arises. Accordingly, there are instances where, depending on whether the claim is one of " Canadian maritime law " or not, it may be out of time . This was exactly the case in Konteft v. Lower Lakes Towing Ltd ., 2024 FC 96. In summary: Mr. Konteft, a marine engineer, was fired by Lower Lakes Towing on April 30, 2020. He filed a claim in the Federal Court for unjust dismissal after the 2-year Ontario limitation period but before the 3-year limitation period set out at section 140 of the Marine Liability Act, cited above. Lower Lakes Towing brought a motion alleging tha
