Bankruptcy and Insolvency

These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.

Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.

Bankruptcy and Insolvency - in a financing statement registered pursuant to the Nova Scotia Personal Property Security Act - Is a reference to a "fishing licence" - Practice - sufficient to capture both the licence and the quota.

D'Eon Fisheries Ltd. (Re) v., 2016 NSCA 30

In Fish Cases, Fisheries Practice on November 18, 2015 (Updated November 18, 2015)

This case involved a borrower that granted a number of Personal Property Security Act ("PPSA") interests under the Nova Scotia PPSA Act over its enterprise allocation of silver hake. Two of the PPSA security holders had registered their security interests as follows: "all of the debtor’s rights, title and interest of every kind which the debtor has in, to or …

Full Summary

Application to Re-appoint Trustee to Sell Fishing Licence - Bankruptcy and Insolvency - Caines (Re) distinguished - Issue of Ownership of Fishing Licences Should Have Been Raised Before Discharge from Bankrupcty. - Practice - Res Judicata - Saulnier not applied retrospectively