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: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

Masyk v. F.A.S. Seafood, 2003 BCSC 1644

In Employment Law, Fish Cases on (Updated )

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 …

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Mercer v. Canada (Minister of National Revenue), 2003 TCC 652

In Employment Law, Fish Cases, Judicial Review/Crown Liability on (Updated )

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. …

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