The case involved an application under s. 75(1) of the Fisheries Act for return of a boat that had been forfeited pursuant to s. 72(1) of the Act. Although the act provided that the application must be made within 30 days after the forfeiture, the application was not made until 43 days after the forfeiture.
Upon the Crown making a preliminary objection, the court ruled that the application was barred because it was outside the 30-day time period allowed for such applications and because “there is no statutory authority for extending the period of time” (para. 30.).