his case involved a deckhand who was suing the owner of several fishing vessels for wrongful dismissal without proper notice. One issue that was raised during a summary trial application was whether or not the deckhand was an employee so as to be able to sue for wrongful dismissal without notice. The court accepted the vessel owner’s argument that the …Full Summary
These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: firstname.lastname@example.org CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Mime'j Seafoods Ltd v. Nova Scotia (Workers' Compensation Appeals Tribunal), 2007 NSCA 115
This case involved judicial review of a decision of the Nova Scotia Workers’ Compensation Appeal Tribunal that held that Mime’j Seafoods Ltd. was a employer for the purpose of assessments under the Workers’ Compensation Act. Mime’j Seafoods Ltd. was an aboriginal communal fishing management entity that was incorporated for the sole purpose of accommodating D.F.O.’s requirement that fishing licences be …Full Summary
Mercer v. Canada (Minister of National Revenue), 2003 TCC 652
This case dealt the issue of whether or not the common law spouse of an East Coast fish boat owner who worked as a deckhand on his fishing vessel could be considered an employee for the purpose of a section of the Employment Insurance Act that excluded coverage for employees who do not work at arms length from their employers. …Full Summary