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ARTICLE · 23 DECEMBER 2013

Canadian Maritime Law – Key Judgments – 2013

Borden Ladner Gervais LLP
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2013 has seen the usual variety of important Canadian maritime law decisions. The following is a sampling of those of greater significance that have arisen in various areas of admiralty practice.

CanadaTransport

2013 has seen the usual variety of important Canadian maritime law decisions. The following is a sampling of those of greater significance that have arisen in various areas of admiralty practice.

1. CONSTITUTIONAL MATTERS

Newfoundland (Workplace Health, Safety & Compensation Commission) v. Ryan Estate

The estates and widows of two Newfoundland fishers who drowned at sea sued the designer and builder of their fishing vessel for negligence and breach of contract, as well as the Attorney General of Canada, for alleged negligence in inspecting the vessel and testing its stability. The families of the deceased also obtained compensation from the provincial Workplace Health, Safety and Compensation Commission, under an arrangement contingent upon whether they were ultimately successful in their lawsuits. An internal review specialist with the Commission decided that their action against the defendants was barred by sect. 44 of the Workplace Health, Safety and

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