Fisheries Practice - Admiralty Law

This case involved a claim by a plaintiff who allegedly paid $130,000 for a lobster licence. Since DFO regulations prevented him from holding it himself, he arranged to have it held by a nominee who later sold it and kept the proceeds of sale. In an action against the various parties involved, the court refused to impose a trust over …

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Limitation Periods for Judicial Review - Practice - Summary Judgement

Radil Bros. Fishing Co. v. Canada, 1998 CanLII 8703

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on August 19, 2012 (Updated August 19, 2012)

This case involved a dispute over the entitlement to ground fish quota which was lost when a ground fish licence with a history of large landings was "swapped" with a licence from another vessel (with smaller landings) in order to facilitate the purchase of a salmon licence. In dismissing an application by the Defendant for summary judgement on the basis …

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Forfeiture of Proceeds of Sale from In Rem proceedings - Offences - Parallel Jurisdiction with respect to the seizure of fishing vessels of the Superior Courts under the Fisheries Acts and the Federal Court under its In Rem Jurisdiction - Practice

R v. Ulybel Enterprises Ltd., 2001 SCC 56

In Fish Cases, Fisheries Practice, Forfeiture, Offences on July 19, 2012 (Updated July 19, 2012)

This case involved a Canadian registered ship which was given a provisional registration in Panama without first obtaining a deletion certificate from the Canadian Registrar of Ships. It then fished in the NAFO fishing zone without a licence, which it could do legally if it was a foreign ship, but not as a Canadian ship. Pending the trial, the ship …

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Practice - Sale of Fishing Licence - Term for sale included in Order for Sale

Brotchie v. Karey T, 1997 CanLII 5852

In Fish Cases, Fisheries Practice on July 13, 2012 (Updated July 13, 2012)

This was a taxation of a Deputy Marshal’s account incurred in connection with the sale of a fishing vessel. It is of interest from a fisheries perspective, because it makes reference to the order of sale which specifically included the sale to the vessel’s category "A" fishing licence.

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In Rem Actions - whether or not allegations of conspiracy and misappropriation of a ground fish quota amounts to a maritime tort -

Bornstein Seafoods Canada Ltd. v. Hutcheon, 1997 CanLII 5852

In Fish Cases, Fisheries Practice, Torts on July 13, 2012 (Updated July 13, 2012)

This case involves a claim by a fishing processor that the two defendants to the action conspired to transfer ground fish quota from one defendant to another, when the defendants knew the quota had been previously purchased by the plaintiff. When the action was commenced, the plaintiff arrested one of the defendant’s vessels (upon which the quota had allegedly been …

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