Précis: A joint and several tortfeasor was held to be liable for 100% of the plaintiffs’ damages even though the other tortfeasors were protected by Workers’ compensation legislation and any claims for contribution and indemnity might also be barred by such legislation.
Full SummaryMarine Services International Ltd. v. Ryan Estate, 2011 NLCA 42, 2013 SCC 44
Précis: The Supreme Court of Canada held that the bar to litigation in a workers compensation statute was constitutionally valid and applicable to fatal injuries involving crew of a vessel. In so doing the Supreme Court has clarified the constitutional analysis required when dealing with Canadian maritime law and expanded the opportunities for provincial statutes to apply to maritime law matters.
Full SummaryLaboucane v. Brooks et al., 2003 BCSC 1247
The issue in this important summary trial application was whether section 10(1) of the Workers Compensation Act of British Columbia was valid provincial law or whether it was ultra vires the province as infringing upon Federal jurisdiction over navigation and shipping. The underlying facts were that the Plaintiff was injured while performing a welding job on the Defendant’s fishing vessel. …
Full SummaryTan v. The "Pacific Brilliance" et.al., 1996 CanLII 3865
This was an application to strike out a Third Party Claim. The main action arose out of the death of a shipyard employee who fell from a gangplank while disembarking from the vessel. The dependents of the deceased commenced action against the owners and operators of the ship who, in turn, sought to third party the terminal where the ship …
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