The Supreme Court of Newfoundland Trial Division Case: Ryan Estate vs. Universal Marine
The Supreme Court of Newfoundland, Trial Divison has ruled that the statutory bar prohibiting employees and their families from suing employers for injuries suffered or death occuring in the course of employment is operative in the contenxt of navigation and shipping.
In Ryan Estate vs. Universal Marine the court over ruled the Newfoundland WHSCC and held that the families of two deceased fishermen were entitled to sue the designer, builder, and inspector for the negligent design, construction and inspection of the vessel "Ryan's Commander" which capsized.
This decision has significant implications for businesses involved in shipping, offshore, oil, gas and could have potential repercussions in other industries in the federal domain.
OEA and other agencies will be monitoring this case closely to see if it is appealed and if so, what involvement we might have. The information above was reprinted from a release by the law firm of Stewart McKelvey. For a full copy of the text you are welcome to contact OEA at mary.morris@oea-novascotia.org or contact the author of the document at Cecily J. Strickland at 709.570.8826.