Judicial Review/Crown Liability - Admiralty Law

Iverson v. Canada (Minister of Fisheries and Oceans), 2011 BCSC 1619

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on August 20, 2012 (Updated August 20, 2012)

Full Summary

Exception to Mootness Rule - Judicial Review/Crown Liability - Larocque Distinguished - Maplelodge Farms Test Applied - Review of Management Plan - Standard of Review - Under Rule 302 Cannot Challenge Both Fishing Plan and Issuances of Licences Under Plan In Same Proceeding

Association Des Crevettiers Acadiens Du Golfe Inc. v. Canada (Attorney General), 2011 FC 305

In Fish Cases, Judicial Review/Crown Liability on August 20, 2012 (Updated August 20, 2012)

Full Summary

Funds Received by Canada from USA Pursuant To Pacific Salmon Treaty Mitigation Program - Judicial Review/Crown Liability - Justiciability - No Unjust Enrichment

Kimoto v. Canada (Attorney General), 2011 FCA 91

In Fish Cases, Judicial Review/Crown Liability on August 20, 2012 (Updated August 20, 2012)

This case involved amendments to Chapter 3 of the Pacific Salmon Treaty that required Canada to reduce its catch of chinook salmon from the west coast of Vancouver Island and required the U.S. to provide 30 million dollars to Canada for a fisheries mitigation program to reduce effort in Canada’s commercial troll fishery. After some consultation, the Minister of Fisheries …

Full Summary

Application to Strike Againts Lay Litigant Premature - Judicial Review/Crown Liability - Practice

Eidsvik v. Canada (Minister of Fisheries and Oceans), 2011 FC 940

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on August 20, 2012 (Updated August 20, 2012)

Full Summary

Aboriginal Rights and Defences - Judicial Review/Crown Liability - Supreme Court Proceeding Seeking Damages for Failure to Give FSC Fishery Constitutionaly Protected Priority- Not within Exclusive Jurisdiction of Federal Court (Telezone applied)

Matsqui First Nation v. Canada (Attorney General), 2012 BCSC 492

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on August 20, 2012 (Updated August 20, 2012)

Full Summary

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 …

Full Summary

Judicial Review/Crown Liability

Fennelly v. Canada (Minister of Fisheries and Oceans), 2003 FC 1097

In Fish Cases, Judicial Review/Crown Liability on August 8, 2012 (Updated August 08, 2012)

This case involved judicial review of a decision of the Minister of Fisheries to not re-issue an exploratory snow crab licence. The applicant was a fisherman who owned two boats, a 75 foot stern trawler (the “Bear Cove Point”) and a 95 foot multipurpose trawler (the “Sandy Joanne”). In 1995 he was issued an exploratory crab fishing licence for use …

Full Summary

absolute discretion to issue licence under section 7 - Judicial Review/Crown Liability - Licences - Negligence

Comeau's Sea Foods Ltd. v. Canada (Minister of Fisheries and Oceans), [1997] 1 SCR 12

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

In 1987 the Minister of Fisheries sent the Plaintiff, fishing company, a telex advising that he had authorized the issuance of 4 offshore lobster licences. The Plaintiff then provided the Minister with details of its fishing plans, including the fact that it would be converting its scallop vessels into lobster fishing vessels. After the initial notification, the issuance of the …

Full Summary

breach of contract - compensation for closure of fishery - Judicial Review/Crown Liability - Licences

Puddister Trading Corporation Ltd. v. Canada, 1997 CanLII 5145

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved an application by a licence holder for compensation arising out of the closure of the offshore seal fishery of Newfoundland. While the plaintiff was not successful in its primary objective, of obtaining compensation for the closure of the fishery, it obtained limited success in obtaining damages against the Department of Fisheries and Oceans (D.F.O.) for the failure …

Full Summary

Judicial Review - Jurisdiction of Superior Court to hear challenge to authority of Minister of Fisheries to authorize commercial food fishery under Aboriginal Communal Fishing Licences Regulations

R v. Cummins, 1997 CanLII 1659

In Fish Cases, Judicial Review/Crown Liability, Miscellaneous on July 12, 2012 (Updated July 12, 2012)

This case involved an action for a declaration that that section 6 of the Aboriginal Communal Fishing Licences Regulations is invalid by reason of an unlawful sub delegation of legislative power. The Crown sought a stay of the proceedings on the grounds that the action was essentially a matter of judicial review which was within the exclusive jurisdiction of the …

Full Summary

Page 3 of 9
←
1
...
2
3
4
...
9
→