Court of Appeal

NOVA SCOTIA COURT OF APPEAL

Citation: Mime’j Seafoods Ltd. v. Nova Scotia (Workers’ Compensation Appeals Tribunal), 2007 NSCA 115

Date: Decision Date 20071207

Docket: CA 277720

Registry: Halifax

Between:

Mime’j Seafoods Limited

(Claim No. 182485-11)

Appellant

v.

Nova Scotia Workers’ Compensation Appeals Tribunal

and the Workers’ Compensation Board of Nova Scotia

Respondents

JUDGE:                                   MacDonald, C.J.N.S.

APPEAL HEARD:                   October 4, 2007, Halifax, Nova Scotia

SUBJECT:       Administrative Law; Nova Scotia Workers’ Compensation Act; statutory interpretation; definition of “employer”; standard of review.

SUMMARY:    The appellant, Mime’j Seafoods Limited, is a self-described Aboriginal communal commercial fishing management entity.  It is owned by the Native Council of Nova Scotia, an incorporated Society dedicated to protecting the rights of off-reserve Aboriginals living in Nova Scotia.

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ISSUE:             The Workers’ Compensation Appeals Tribunals determined Mime’j to be an “employer” as defined in the Workers’ Compensation Act.  Mime’j appeals to this court on this narrow issue of law. 

RESULT:         Appeal dismissed.

Applying the principles of statutory interpretation, Mime’j met the definition of “employer” and was therefore subject to assessment under the Act.