Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34429
Marine Services International Limited, et al. v. Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan, et al.
(Newfoundland & Labrador) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-02-20 | Appeal closed | |
| 2014-02-20 |
Decision on the motion for a re-hearing of the appeal, or in the alternative, for an order amending the judgment of the appeal (Rules 76 and 81), LeB, UPON APPLICATION by the intervener, Workplace Health, Safety and Compensation Commission, for an extension of time to serve and file a motion pursuant to Rules 76 and 81 of the Rules of the Supreme Court of Canada; AND UPON APPLICATION by the intervener, Workplace Health, Safety and Compensation Commission, for a re-hearing of the appeal or, in the alternative, for an order amending the judgment of the appeal rendered August 2, 2013; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. In the circumstances, it is appropriate to proceed with the motion for an order amending the judgment of the appeal rendered August 2, 2013 under Rule 81. The motion is dismissed without costs. The original order of this Court is clear that no costs are awarded in this Court and that the orders of the lower courts are overturned in their entirety, including the costs awards that were incidental to them. Dismissed, without costs |
|
| 2014-02-20 | All material on motion for a re-hearing of the appeal submitted to Justices, or in the alternative, for an order amending the judgment of the appeal (Rules 76 and 81), submitted to, LeB | |
| 2014-02-06 | Reply to the response to the motion for a re-hearing of the appeal | Workplace Health, Safety and Compensation Commission |
| 2014-02-05 | Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2014-02-05, (Electronic version filed on 2014-02-05) | Workers' Compensation Board of British Columbia |
| 2014-01-28 | Response to the motion for a re-hearing of the appeal, Completed on: 2014-01-28, (Electronic version filed on 2014-01-28) | Attorney General of Newfoundland and Labrador |
| 2014-01-24 | Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2014-01-24, (Electronic version filed on 2014-01-27) | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2014-01-23 | Correspondence received from, Patricia Wilson re: response | Marine Services International Limited |
| 2014-01-21 | Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2014-01-21, (Printed version filed on 2014-01-21) | Marine Services International Limited |
| 2014-01-21 | Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2014-01-21, (Printed version filed on 2014-01-21) | Attorney General of British Columbia |
| 2014-01-20 | Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2014-01-20, (Electronic version filed on 2014-01-20) | Attorney General of Canada |
| 2014-01-14 | Motion for a re-hearing of the appeal, (Book Form), on the issue of costs or, in the alternative, for an order amending the judgment of the appeal (Rules 76 and 81) (motion for extension of time included), Completed on: 2014-01-15 | Workplace Health, Safety and Compensation Commission |
| 2013-08-06 | Appeal closed | |
| 2013-08-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-08-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-08-02 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador – Court of Appeal, Number 09/95, 2011 NLCA 42, dated June 15, 2011, heard on January 15, 2013, is allowed. The Ryan Estates’ claims are barred by s. 44 of the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11 and their action is dismissed. There is no order as to costs. The constitutional questions are answered as follows: 1. Is s. 44 of the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11, constitutionally inoperative in respect of federal maritime negligence claims made pursuant to s. 6 of the Marine Liability Act, S.C. 2001, c. 6, by reason of the doctrine of federal paramountcy? Answer: No. 2. Is s. 44 of the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11, constitutionally inapplicable to federal maritime negligence claims made pursuant to s. 6 of the Marine Liability Act, S.C. 2001, c. 6, by reason of the doctrine of interjurisdictional immunity? Answer: No. Allowed, no order as to costs |
|
| 2013-01-29 | Transcript received, (124 pages) | |
| 2013-01-15 | Judgment reserved OR rendered with reasons to follow | |
| 2013-01-15 |
Hearing of the appeal, 2013-01-15, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-01-15 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-01-15 | Intervener's condensed book, (Book Form), Filed in Court | Workers' Compensation Board of British Columbia |
| 2013-01-15 | Intervener's condensed book, (Book Form), Filed in Coiurt | Attorney General of British Columbia |
| 2013-01-15 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Newfoundland and Labrador |
| 2013-01-15 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Ontario |
| 2013-01-15 | Respondent's condensed book, (Book Form), Filed in Court | Attorney General of Canada |
| 2013-01-15 | Respondent's condensed book, (Book Form), Filed in Court | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2013-01-15 | Appellant's condensed book, (Book Form), filed in Court | Marine Services International Limited |
| 2013-01-14 | Supplemental document, Supplemental Book of Authorities - CD rec'd Jan. 15/13, Completed on: 2013-01-14 | Marine Services International Limited |
| 2013-01-14 | Correspondence received from, Ms. Brown Laengle rec' by email dated Jan. 14/13 re: copies of the corrections made on Jan. 10/13 (sent to the Court Jan. 14/13) | Attorney General of Newfoundland and Labrador |
| 2013-01-10 | Correspondence received from, Mr. Pritchard, Q.C. rec'd by email dated Jan. 10/13 re: corrections to factum and authorities (sent to the Court Jan. 14/13) | Attorney General of Newfoundland and Labrador |
| 2013-01-10 | Correspondence received from, Peter Southey rec'd by fax dated Jan. 10/13 re: allocation of time | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2013-01-03 | Notice of appearance, Scott A. Nielsen and Laurel Courtenay will be appearing | Workers' Compensation Board of British Columbia |
| 2013-01-03 | Notice of withdrawal | Attorney General of Saskatchewan |
| 2013-01-03 | Correspondence received from, Gowling by email re: AGSask will not be participating and will be filing a notice of discontinuance | Attorney General of Saskatchewan |
| 2013-01-02 | Notice of appearance, Rolf Pritchard, Q.C. will be appearing | Attorney General of Newfoundland and Labrador |
| 2013-01-02 | Notice of appearance, Nancy E. Brown will be appearing | Attorney General of British Columbia |
| 2013-01-02 | Notice of appearance, Hart Schwartz and Michael Dunn, Mr. Schwartz will make oral arguments | Attorney General of Ontario |
| 2012-12-27 | Correspondence received from, Mr. Gores rec'd by fax and dated Dec. 27/12 re: will not be filing a factum and takes the position of the AGON and will not be present at the hearing. (Original rec'd Jan. 3/13) (sent to Court Jan. 4/13) | Attorney General of Nova Scotia |
| 2012-12-21 | Correspondence received from, 6 reserved seats requested | Attorney General of Canada |
| 2012-12-21 | Notice of appearance, Peter Southey and Christine Mohr will be present at the hearing. | Attorney General of Canada |
| 2012-12-21 | Notice of appearance, Peter O'Flaherty and Brodie Gallant will be present at the hearing. | Marine Services International Limited |
| 2012-12-20 | Notice of appearance, Jamie Martin will be appearing on written submission only | Workplace Health, Safety and Compensation Commission |
| 2012-12-20 | Notice of appearance, Corwin Mills, Joseph Twyne and Benjamin Piper will be present at the hearing. | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2012-12-20 |
Order by, LeB, FURTHER TO THE ORDER dated November 2, 2012, granting leave to intervene to the Workers' Compensation Board of British Columbia; IT IS HEREBY FURTHER ORDERED THAT the said intervene is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted, no order as to costs |
|
| 2012-12-18 | Intervener's book of authorities, Completed on: 2012-12-18 | Workers' Compensation Board of British Columbia |
| 2012-12-18 | Intervener's factum, CD missing - Rec'd on December 28, 2012, Completed on: 2012-12-31 | Workers' Compensation Board of British Columbia |
| 2012-12-12 | Reply factum on appeal, Completed on: 2012-12-12 | Marine Services International Limited |
| 2012-12-10 | Order on motion to file a reply factum on appeal, (by WAGNER J.) | |
| 2012-12-10 |
Decision on the motion to file a reply factum on appeal, Wa, UPON APPLICATION by the appellants for an order permitting the appellants to serve and file a reply factum not exceeding 5 pages to address arguments raised by the respondent Attorney General of Canada and permitting the appellants to add to their record and to make reference in their reply to excerpts from Hansard debates in the House of Commons and Senate in response to the Hansard excerpts referred to at paragraphs 48-53 of the Respondent Attorney General of Canada’s factum and contained in its Book of Authorities; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted without costs. The appellants shall serve and file the reply factum and Hansard excerpts within two (2) days of this order. IT IS HEREBY FURTHER ORDERED THAT: The request by the Attorney General of Canada for an additional fifteen (15) minutes for oral argument at the hearing of the appeal is denied Granted |
|
| 2012-12-10 | Submission of motion to file a reply factum on appeal, Wa | |
| 2012-12-07 | Intervener's book of authorities, Completed on: 2012-12-07 | Attorney General of Ontario |
| 2012-12-07 | Intervener's factum - AG on constitutional question, Completed on: 2012-12-07 | Attorney General of Ontario |
| 2012-12-07 | Intervener's book of authorities, Completed on: 2012-12-07 | Attorney General of British Columbia |
| 2012-12-07 | Intervener's factum - AG on constitutional question, Completed on: 2012-12-07 | Attorney General of British Columbia |
| 2012-12-07 | Intervener's factum - AG on constitutional question, New electronic version with corrections rec'd Jan. 10 and 14, 2013, Completed on: 2012-12-07 | Attorney General of Newfoundland and Labrador |
| 2012-12-07 | Intervener's book of authorities, Completed on: 2012-12-07 | Attorney General of Newfoundland and Labrador |
| 2012-12-06 | Notice of hearing sent to parties | |
| 2012-12-05 | Response to motion to file a reply factum on appeal, (Letter Form), Christine Mohr dated Dec. 5/12, Completed on: 2012-12-05 | Attorney General of Canada |
| 2012-11-26 | Motion to file a reply factum on appeal, (Book Form), for leave to file a 5 page reply factum and to add Hansard excerpts to the record, Completed on: 2012-11-26 | Marine Services International Limited |
| 2012-11-22 |
Appeal hearing scheduled, 2013-01-15 Judgment reserved |
|
| 2012-11-08 | Appeal perfected for hearing | |
| 2012-11-02 | Order on motion for leave to intervene, (by LEBEL J.) | |
| 2012-11-02 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Workers' Compensation Board of British Columbia for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Workers' Compensation Board of British Columbia is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before December 18, 2012. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention Granted |
|
| 2012-11-02 | Submission of motion for leave to intervene, LeB | |
| 2012-11-01 | Respondent's book of authorities, Completed on: 2012-11-01 | Attorney General of Canada |
| 2012-11-01 | Respondent's factum, Completed on: 2012-11-01 | Attorney General of Canada |
| 2012-11-01 | Respondent's book of authorities, Completed on: 2012-11-01 | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2012-11-01 | Respondent's factum, Completed on: 2012-11-01 | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2012-10-29 | Intervener's factum, (Book Form), Completed on: 2012-10-29 | Workplace Health, Safety and Compensation Commission |
| 2012-10-05 | Reply to the motion for leave to intervene, (Book Form), Completed on: 2012-10-05 | Workers' Compensation Board of British Columbia |
| 2012-10-01 | Response to the motion for leave to intervene, (Book Form), Completed on: 2012-10-01 | Attorney General of Canada |
| 2012-10-01 | Response to the motion for leave to intervene, (Letter Form), from Patricia Wilson dated October 1/12, Completed on: 2012-10-01 | Marine Services International Limited |
| 2012-09-21 | Motion for leave to intervene, (Book Form), Completed on: 2012-09-21 | Workers' Compensation Board of British Columbia |
| 2012-09-06 | Appellant's book of authorities, (4 volumes), Completed on: 2012-09-06 | Marine Services International Limited |
| 2012-09-06 | Appellant's record, Completed on: 2012-09-06 | Marine Services International Limited |
| 2012-09-06 | Appellant's factum, Completed on: 2012-09-06 | Marine Services International Limited |
| 2012-08-15 | Correspondence received from, Mr. Fitzgerald by fax dated Aug 15/12 re: will not be participating in the appeal | Universal Marine Limited |
| 2012-07-20 | Notice of intervention respecting a constitutional question | Attorney General of Newfoundland and Labrador |
| 2012-07-20 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2012-07-20 | Notice of intervention respecting a constitutional question | Attorney General of Saskatchewan |
| 2012-07-20 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2012-07-19 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2012-06-22 | Notice of constitutional question(s), (served on A.Gs June 22/12) | Marine Services International Limited |
| 2012-06-19 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2012-06-19 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW: 1. Is s. 44 of the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990 c. W-11, constitutionally inoperative in respect of federal maritime negligence claims made pursuant to s. 6 of the Marine Liability Act, S.C. 2001, c. 6, by reason of the doctrine of federal paramountcy? 2. Is s. 44 of the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990 c. W-11, constitutionally inapplicable to federal maritime negligence claims made pursuant to s. 6 of the Marine Liability Act, S.C. 2001, c. 6, by reason of the doctrine of interjurisdictional immunity? Any Attorney General who intervenes pursuant to Rule 61(4) shall pay the appellants and respondents the costs of any additional disbursements they incur as a result of the intervention. Granted |
|
| 2012-06-19 | Submission of motion to state a constitutional question, CJ | |
| 2012-06-01 | Correspondence received from, Christine Mohr dated May 31 and rec'd by fax re: consent to amended Constitutional Questions - cc. to parties | Attorney General of Canada |
| 2012-05-28 | Correspondence received from, P. Wilson (dated May 28/12) amending question 1 in its motion to state constitutional question | Marine Services International Limited |
| 2012-05-08 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2012-05-08 | Attorney General of Canada |
| 2012-05-08 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2012-05-08 | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2012-05-07 | Motion to state a constitutional question, Completed on: 2012-05-07 | Marine Services International Limited |
| 2012-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-04-18 | Notice of appeal, Completed on: 2012-04-18 | Marine Services International Limited |
| 2012-04-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-04-10 | Judgment on leave sent to the parties | |
| 2012-04-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 09/96, 2011 NLCA 42, dated June 15, 2011, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2012-02-13 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2011-10-20 | Applicant's reply to respondent's argument, Completed on: 2011-10-20 | Marine Services International Limited |
| 2011-10-11 | Book of authorities | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2011-10-11 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-11 | Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan |
| 2011-10-06 | Respondent's response on the application for leave to appeal, Completed on: 2011-10-06 | Attorney General of Canada |
| 2011-10-05 | Correspondence received from, Colleen Bauman dated Sept 28/11 re: response to letter filed on Sept 16/11 by J. William Perret | Yvonne Ryan, in her own right, Stephen Ryan, a Minor, by his Guardian ad litem, Yvonne Ryan , Jennifer Ryan, a Minor, by her Guardian ad litem, Yvonne Ryan |
| 2011-09-29 | Intervener's memorandum of argument on application for leave, Completed on: 2011-09-29 | Workplace Health, Safety and Compensation Commission |
| 2011-09-21 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2011-09-16 | Correspondence received, from J. William Perrett re: Request that 34178 and 34429 be heard by the same panel of judges | |
| 2011-09-09 | Application for leave to appeal, Trial and C/A orders missing (both received on Sep 30, 2011), Completed on: 2011-09-30 | Marine Services International Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Marine Services International Limited | Appellant | Active |
| Porter, David | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan | Respondent | Active |
| Yvonne Ryan, in her own right, Stephen Ryan, a Minor, by his Guardian ad litem, Yvonne Ryan , Jennifer Ryan, a Minor, by her Guardian ad litem, Yvonne Ryan | Respondent | Active |
| Estate of David Ryan, by its Administratrix , Marilyn Ryan, Marilyn Ryan, in her own right, David Michael Ryan, a Minor, by his Guardian ad litem, Marilyn Ryan | Respondent | Active |
| J and Y Fisheries Inc. and D and M Fisheries Inc., bodies corporate, trading and operating as Ryan's Fisheries Partnership | Respondent | Active |
| Universal Marine Limited | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Nova Scotia | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Newfoundland and Labrador | Intervener | Active |
| Workplace Health, Safety and Compensation Commission | Intervener | Active |
| Workers' Compensation Board of British Columbia | Intervener | Active |
Counsel
Party: Marine Services International Limited
Counsel
Peter O'Flaherty
Brodie Gallant
Brodie Gallant
Goodland O'Flaherty
200 - 16 Forest Road
St. John's, Newfoundland & Labrador
A1C 2B9
Telephone: (709) 722-4700
FAX: (709) 722-4720
Email: peter@goodlandoflaherty.com
200 - 16 Forest Road
St. John's, Newfoundland & Labrador
A1C 2B9
Telephone: (709) 722-4700
FAX: (709) 722-4720
Email: peter@goodlandoflaherty.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Porter, David
Counsel
Peter O'Flaherty
Goodland O'Flaherty
200 - 16 Forest Road
St. John's, Newfoundland & Labrador
A1C 2B9
Telephone: (709) 722-4700
FAX: (709) 722-4720
Email: peter@goodlandoflaherty.com
200 - 16 Forest Road
St. John's, Newfoundland & Labrador
A1C 2B9
Telephone: (709) 722-4700
FAX: (709) 722-4720
Email: peter@goodlandoflaherty.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Estate of Joseph Ryan, by its Administratrix, Yvonne Ryan
Counsel
Corwin Mills, Q.C.
Mills Pittman PLC Inc.
111 Manitoba Drive
Suite 201
Clarenville, Newfoundland & Labrador
A5A 1K2
Telephone: (709) 466-2641
FAX: (709) 466-7109
Email: cmills@mhplawfirm.com
111 Manitoba Drive
Suite 201
Clarenville, Newfoundland & Labrador
A5A 1K2
Telephone: (709) 466-2641
FAX: (709) 466-7109
Email: cmills@mhplawfirm.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Yvonne Ryan, in her own right, Stephen Ryan, a Minor, by his Guardian ad litem, Yvonne Ryan , Jennifer Ryan, a Minor, by her Guardian ad litem, Yvonne Ryan
Counsel
Corwin Mills, Q.C.
Mills Pittman PLC Inc.
111 Manitoba Drive
Suite 201
Clarenville, Newfoundland & Labrador
A5A 1K2
Telephone: (709) 466-2641
FAX: (709) 466-7109
Email: cmills@mhplawfirm.com
111 Manitoba Drive
Suite 201
Clarenville, Newfoundland & Labrador
A5A 1K2
Telephone: (709) 466-2641
FAX: (709) 466-7109
Email: cmills@mhplawfirm.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Estate of David Ryan, by its Administratrix , Marilyn Ryan, Marilyn Ryan, in her own right, David Michael Ryan, a Minor, by his Guardian ad litem, Marilyn Ryan
Counsel
Corwin Mills, Q.C.
Mills Pittman PLC Inc.
111 Manitoba Drive
Suite 201
Clarenville, Newfoundland & Labrador
A5A 1K2
Telephone: (709) 466-2641
FAX: (709) 466-7109
Email: cmills@mhplawfirm.com
111 Manitoba Drive
Suite 201
Clarenville, Newfoundland & Labrador
A5A 1K2
Telephone: (709) 466-2641
FAX: (709) 466-7109
Email: cmills@mhplawfirm.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: J and Y Fisheries Inc. and D and M Fisheries Inc., bodies corporate, trading and operating as Ryan's Fisheries Partnership
Counsel
Corwin Mills, Q.C.
Mills Pittman PLC Inc.
111 Manitoba Drive
Suite 201
Clarenville, Newfoundland & Labrador
A5A 1K2
Telephone: (709) 466-2641
FAX: (709) 466-7109
Email: cmills@mhplawfirm.com
111 Manitoba Drive
Suite 201
Clarenville, Newfoundland & Labrador
A5A 1K2
Telephone: (709) 466-2641
FAX: (709) 466-7109
Email: cmills@mhplawfirm.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Universal Marine Limited
Counsel
Andrew Fitzgerald
Lewis, Sinnott, Shortall, Hurley, Bruce
140 Water Street
Suite 300
St-John's, Newfoundland & Labrador
A1C 5L7
Telephone: (709) 753-7810
FAX: (709) 738-2965
Email: afitzgerald@nfld.net
140 Water Street
Suite 300
St-John's, Newfoundland & Labrador
A1C 5L7
Telephone: (709) 753-7810
FAX: (709) 738-2965
Email: afitzgerald@nfld.net
Party: Attorney General of Canada
Counsel
Christine Mohr
Peter Southey
Peter Southey
Attorney General of Canada
3400 - 130 King Street West
The Exchange Tower, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-4111
FAX: (416) 952-4518
Email: christine.mohr@justice.gc.ca
3400 - 130 King Street West
The Exchange Tower, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-4111
FAX: (416) 952-4518
Email: christine.mohr@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Newfoundland and Labrador
Counsel
Rolf Pritchard, Q.C.
Barbara Barrowman
Laura J. Brown Laengle
Barbara Barrowman
Laura J. Brown Laengle
Attorney General of Newfoundland and Labrador
4th Floor, East Block Confederation Bldg.
P.O. Box 8700, Stn. A
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-5942
FAX: (709) 729-2129
Email: rolfpritchard@gov.nl.ca
4th Floor, East Block Confederation Bldg.
P.O. Box 8700, Stn. A
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-5942
FAX: (709) 729-2129
Email: rolfpritchard@gov.nl.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Workplace Health, Safety and Compensation Commission
Counsel
Jamie Martin
Roebothan, McKay & Marshall
34 Harvey Road
St-John's, Newfoundland & Labrador
A1C 5W1
Telephone: (709) 753-5805
FAX: (709) 753-5221
Email: jmartin@wrmmlaw.com
34 Harvey Road
St-John's, Newfoundland & Labrador
A1C 5W1
Telephone: (709) 753-5805
FAX: (709) 753-5221
Email: jmartin@wrmmlaw.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Nova Scotia
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of British Columbia
Counsel
Nancy E. Brown
Richard Butler
Richard Butler
Attorney General of British Columbia
1001 Douglas Street
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-5597
FAX: (250) 356-9154
Email: nancy.ag.brown@gov.bc.ca
1001 Douglas Street
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-5597
FAX: (250) 356-9154
Email: nancy.ag.brown@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Ontario
Counsel
Hart Schwartz
Michael S. Dunn
Michael S. Dunn
Attorney General of Ontario
4th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-3095
FAX: (416) 326-4015
Email: hart.schwartz@ontario.ca
4th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-3095
FAX: (416) 326-4015
Email: hart.schwartz@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Workers' Compensation Board of British Columbia
Counsel
Scott A. Nielsen
Laurel Courtenay
Laurel Courtenay
Worker's Compensation Board
6th Floor - 6951 Westminster Highway
P.O. Box 3024, Station Terminal
Vancouver, British Columbia
V6B 3X5
Telephone: (604) 276-3165
FAX: (604) 279-8116
Email: scott.nielsen@worksafebc.com
6th Floor - 6951 Westminster Highway
P.O. Box 3024, Station Terminal
Vancouver, British Columbia
V6B 3X5
Telephone: (604) 276-3165
FAX: (604) 279-8116
Email: scott.nielsen@worksafebc.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Constitutional law - Division of powers - Navigation and shipping - Paramountcy - Interjurisdictional immunity - Action in negligence by estates and families of two men who drowned after fishing vessel designed, built and inspected by defendants capsizes - Whether s. 6 of the Marine Liability Act, S.C. 2001, c. 6, authorizes a federal right of action for dependants of workers injured or killed in the course of marine employment against their employer, a fellow worker, or other workers or employers governed by the same provincial workers compensation scheme - Whether s. 44 of the Workplace Health, Safety and Compensation Act, RSNL1990, c. W-11, is constitutionally inoperative in respect of federal maritime negligence claims made pursuant to s. 6 of the Marine Liability Act by reason of the doctrine of federal paramountcy - Whether s. 44 of the Workplace Health, Safety and Compensation Act is constitutionally inapplicable to federal maritime negligence claims made pursuant to s. 6 of the Maritime Liability Act, by reason of the doctrine of interjurisdictional immunity.
Joseph and David Ryan drowned at sea after the fishing vessel they crewed capsized. Proceeding under the Marine Liability Act, S.C. 2001, c. 6, (“the MLA”), their estates and families commenced an action against a number of defendants claiming negligence in the design, construction and inspection of the vessel. The appellants, defendants to the action, applied to the Workplace Health, Safety and Compensation Commission for a determination that the action was statute-barred by s. 44 of the Workplace Health, Safety and Compensation Act, RSNL1990, c. W-11 (“WHSCA”). An internal review specialist with the Commission held that the action was statute-barred. That decision was set aside on judicial review. A majority of the Court of Appeal upheld the reviewing judge’s decision.
Lower court rulings
July 28, 2009
Supreme Court of Newfoundland & Labrador, Trial Division
2008 01T 3312, 2009 NLTD 120
Supreme Court of Newfoundland & Labrador, Trial Division
2008 01T 3312, 2009 NLTD 120
Application for judicial review allowed; Decision by Workplace Health, Safety and Compensation Commission that action is statute-barred quashed
June 15, 2011
Supreme Court of Newfoundland and Labrador - Court of Appeal
09/96, 2011 NLCA 42
Supreme Court of Newfoundland and Labrador - Court of Appeal
09/96, 2011 NLCA 42
Appeal dismissed
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Date modified: 2025-02-27