Radil Bros. Fishing Co. v. Canada

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 of a time bar, the court ruled that the Plaintiff should not be penalized for exhausting its right to apply for a hearing before the Licence Appeal Board, before bringing its application for judicial review. Given the nature of the dispute, the court also ruled that the matter was not suitable for disposition by way of affidavit evidence at a summary trial.