Safety and Compensation Legislation constitutionally inoperative and inapplicable to estate of deceased fish harvesters

These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.

Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.

Bar to Litigation in Nfld. Workplace - Health - Safety and Compensation Legislation constitutionally inoperative and inapplicable to estate of deceased fish harvesters - Torts/ Constitutional

Newfoundland v. Ryan Estate, 2009 NLTD 120, 2011 NLCA 42

In Fish Cases, Torts on August 20, 2012 (Updated August 20, 2012)

In this case, the Newfoundland Trial Division (2009 NLTD 120) held that the statutory bar to litigation in the Nfld. Workplace Health, Safety and Compensation Act (WHSCA) is unconstitutional. Ryan Estate v. Universal Marine (Ryan’s Commander) involved a claim by the estates of two crew members of the fishing vessel Ryan’s Commander that capsized off of the coast of Nfld. …

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