This case involved a negligent misrepresentation action against the Crown arising from a fisheries officer who mistakenly advised a seal fisher that a seal hunt had closed. The Crown brought an interlocutory application for an order striking out the claim on the grounds that the court lacked jurisdiction and for an order that the claim could only take place after the applicant has made an application for judicial review.
In refusing the Crown’s application, the court followed Keeping v. Canada (Attorney General) 2002, 210 Nfld. & P.E.I.R. 1 (digested herein), to find as follows:
I find that the “essence” of the Respondents’ claim is that a fisheries officer made a “terrible mistake” which cost them financially. The mistake had nothing to do with the official capacity of the fisheries officer. It had nothing to do with the management of the seal fishery, the Fisheries Act, the Regulations, the Management Plans, Directives or Orders. The claim arises out of a federal employee that was not paying attention or was too distracted to properly inform himself of the true factual situation. It was a human failing and not an “official” failing. (para 9)