The Court allowed the appeal and held that the provincial statutory bar in s. 44 of Newfoundland and Labrador’s workers’ compensation statute applied to bar the dependants’ maritime negligence action.
The Court concluded the provincial provision was constitutionally applicable and operative, rejecting both interjurisdictional immunity and federal paramountcy.
The Court held the provincial no-fault compensation regime and the federal maritime cause of action could operate together without conflict.