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ARTICLE · 09 AUGUST 2013

Maritime Services International Ltd. v. Ryan Estate, 2013 SCC 44: The Ryan's Commander Decision

Alexander Holburn Beaudin + Lang LLP
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The Supreme Court of Canada recently issued a decision with far reaching consequences for Canadian maritime personal injury claims.

CanadaTransport
Douglas Schmitt
Douglas Schmitt
David McEwen, K.C.
David McEwen, K.C.
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On August 2nd, 2013 the Supreme Court of Canada ("SCC") issued a decision with far reaching consequences for Canadian maritime personal injury claims. In a case involving fatalities on a commercial fish boat, the SCC upheld Canadian provincial workers' compensation laws which bar claims by workers against employers and other workers. The decision should stem the rising tide of maritime workplace injury lawsuits started throughout Canada after the decision of the majority in the Newfoundland and Labrador Court of Appeal in this case in 2011.

The SCC reversed the decision of the Court of Appeal which held that the Newfoundland workers' compensation law (the "WHSCA) did not bar maritime workers' law suits because maritime negligence is a federal matter with which provincial laws may not interfere.

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