Note: Although not a fisheries case, this case could be applicable to a case involving failure to maintain a fishboat that has been seized by the Department of Fisheries.
Full SummaryDugas (Re Bankruptcy) v., 2004 NBCA 15
This case involved a bankrupt fisher who because of poor health, arranged for another person to fish his crab licence. At issue was the extent to which the trustee in bankruptcy could collect the revenue received from the licence revenue. Although it was agreed that the licence itself was exempt from seizure (see s. 2 of the Bankruptcy Act), the …
Full SummaryShand Fisheries v. Goreham & Goreham, 2004 NSSC 272
Gladstone v. Canada, 2005 SCC 21
This case involved a quantity of herring spawn on kelp that was seized pursuant to s. 58(1) of the Fisheries Act (1970) and subsequently sold pursuant to s. 58(1) and paid into the consolidated revenue fund. After a successful appeal by the fishermen to the Supreme Court of Canada, the matter was eventually stayed by the Crown and the proceeds …
Full SummaryHarnum v. Green, 2007 NLCA 57
This case involved a fishing enterprise type partnership where one partner continued to carry on the enterprise after the break up of the partnership. This appeal concerned the following issues: (1) Whether the trial judge erred in law in determining that the value of the assets, for the purpose of sharing between the partners, is the value at the time …
Full SummaryFleming Estate v. Fleming, 2008 NLTD 123
This case involved a groundfish licence that was transferred by a father to one of six sons. After his death, the father’s estate commenced an action alleging that the licence was held pursuant to an express trust to hold it for the benefit of the holder’s other siblings. After citing recent jurisprudence involving express trusts over fishing licences, the court …
Full SummarySaulnier v. Royal Bank of Canada, 2008 SCC 58
This case involved the holder of a lobster licence, a herring licence, a swordfish licence and a mackerel licence, the combined value of which exceeded $600,000. Upon the holder of the licence making an assignment into bankruptcy (after being placed in receivership by the bank), an application was made by the Royal Bank for a declaration that these fishing licences …
Full SummaryBurt Bankruptcy, RE v., 2009 NLTD 19
This case involved a fish company that had loaned money to an individual for the purchase of a fishing licence. The fish harvester made an assignment into bankruptcy, but did not list his fishing licence as an asset. Despite a request by the fish company, the Trustee in Bankruptcy refused to take legal proceedings against the licence. Based upon an …
Full SummaryCaines Re. v., 2010 NLTD 72
Shubenacadie Indian Band v. Canada (Minister of Fisheries and Oceans), CanLII 16088
This case involved a Nova Scotia Indian Band which was relying upon the two R v. Marshall decisions (digested herein) in support of an application for an interlocutory injunction to enjoin D.F.O. from taking enforcement measures to prevent its members from participating in a Band regulated lobster fishery. The two main issues in the case were: (1)Whether the relief claimed …
Full Summary