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is a leading case of the Supreme Court of Canada concerning the coexistence of Canadian maritime law with provincial jurisdiction over property and civil rights, and it marks a further restriction upon the doctrine of interjurisdictional immunity in Canadian constitutional jurisprudence. ==Background== In September 2004, the Newfoundland fishing vessel ''Ryan’s Commander'' departed Bay de Verde for a trip to its home port of St. Brendan’s, but it never arrived. In heavy seas off Cape Bonavista the vessel capsized, forcing the crew of five to abandon ship. Despite the efforts of search and rescue technicians, brothers Joe and David Ryan did not survive. Their widows and dependants (the “Ryan Estates”) applied for and received compensation under the provincial ''Workplace Health, Safety and Compensation Act''. Proceeding under the federal ''Marine Liability Act'', the Ryan Estates also commenced an action in 2006 against Universal Marine Limited, Marine Services International Limited and its employee David Porter, alleging negligence in the design and construction of the ''Ryan’s Commander'', which had been commissioned by the Ryan brothers in 2003. The action was also brought against the Attorney General of Canada, alleging negligence in the inspection of the vessel by Transport Canada. Marine Services and Porter applied to the Workplace Health, Safety and Compensation Commission for a determination of whether the Ryan Estates’ action was statute-barred under s. 44 of the provincial Act. The Commission declared that it was, holding: : * the Ryan brothers had died in the course of their employment, : * Universal Marine, Marine Services, and the Attorney General of Canada were “employers” and David Porter was a “worker” within the meaning of s. 2 of the Act, and : * the constitutional doctrines of interjurisdictional immunity and federal paramountcy did not apply. The Ryan Estates applied to the Trial Division of the Supreme Court of Newfoundland and Labrador for judicial review of the decision in the nature of ''certiorari'' to quash the decision 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Marine Services International Ltd v Ryan Estate」の詳細全文を読む スポンサード リンク
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