Loder v. Citifinancial Canada Inc.

In Contracts, Fish Cases on (Updated )

the applicant did not come to court with clean hands.

Upon appeal, the appeal court reviewed the authorities and concluded that "the authorities do not support the restrictive view stated by the Chambers Judge" [para. 15]. The court further stated:

Clearly the foregoing decisions, including those of this Court in Green v. Harnum, confirm that the registered holder of a DFO fishing license can bind himself or herself contractually respecting not only disposition of the license but the ongoing economic benefits therefrom, and that conversely non-license holders can enforce agreements with license holders in that regard. As noted in B.C. Packers there is no express statutory or regulatory prohibition against the transfer of a beneficial interest in a fishing license. [para. 21]