Learn How to Fight your Workers Compensation Board

This page has been setup to provide a list of cases

in Marine law versus Workers Compensation Law.

This is very relevant, as sailors and workers that work aboard marine vessels

often travel not only out of Provincial/State jurisdictions, as well as Federal jurisdictions, therefore it is interesting to see how the law is applied in these cases.

Another example is when workers working for a company that in the course of their employment travels outside of their employment country,

for example: salesmen, rail workers, trucker drivers, airline workers, and so on. We live and work in a global community, however laws apply to only countries where you are.

So how are these workers impacted by workplace injuries

occurring outside the countries of employment?

I will address this in an additional section under WCB Caselaw soon.  

Marine Law


Workers Compensation Law

Fight WCB

Marine Services International Ltd. v. Ryan Estate

Marine Services International Ltd. v. Ryan Estate, [2013] 3 SCR 53, 2013 SCC 44
Deals with issue of suing within the Marine Law vs. WCB Law

In this case, it is a matter of a person being able to sue under Marine law versus having file for workers compensation benefits.

In this case, sadly, two sailors died as a result of a work place accident. The family of the workers sued the boat maker. In the Appeals Court for Newfoundland ruled that the lawsuit was not barred under WCB law. Then it was appealed to the Supreme Court of Canada - SCC. The SCC reversed the decision of the Appeals Court for Newfoundland, stating that both the WCB law and the Marine law can work in harmony.

For a better understanding of the case read this commentary by Guild Yule.

I would add the issue of "Third party Liability" as in the case of West vs. WSIB as mentioned in Right to Sue Third Party page, where Mr. West was allowed to proceed to civil court against an equipment manufacturer. I can not empathize the importance more clear that ONLY the employer gets immunity in workplace accidents, and even then that immunity is by no way absolute

That case as well as others should have been discussed at the SCC level.