These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

-

Andrews v. Canada (Attorney General), 2019 NLSC 42

In Contracts, Fish Cases on

This case involved an alleged 1993 agreement between the Minister of Fisheries and the Area 3K snow crab fishing fleet in Newfoundland that if the fleet supported the Minister in allocating an increase in snow crab quota to fish harvesters adversely impacted by the moratorium on cod instead of the snow crab fleet, he would never reduce the snow crab …

- - - - -

Canpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2018 FC 957

In Admiralty Jurisdiction on (Updated )

Précis: The Federal Court found that the sale of marine bunkers was subject to the standard terms and conditions of the defendant supplier where no objection to those terms was raised by the parties to the original Fixed Price Agreement contract, and ordered the plaintiff to pay the supplier with money held in trust, as well as the receiver of the bankrupt bunker company.

Full Summary
- - -

Marion et al. v. Perley et al., 2015 NBQB 147

In Aboriginal Rights/Defences, Contracts, Fish Cases, Fisheries Practice on (Updated )

This case involved an alleged agreement whereby the plaintiff paid a First Nation for the exclusive right to manage and operate its commercial fisheries for the 2013, 2014 and 2015 fisheries. The agreement allegedly gave the plaintiff full control over the commercial fishery operations, the right to lease licences at will from the First Nation and be the designate as …

Full Summary
-

Tremblett v. Tremblett, 2012 CanLII 67443

In Contracts, Fish Cases on (Updated )

This case involved two brothers who fished together in Newfoundland for a period of 17 years. Initially they fished for groundfish and borrowed money together to purchase a vessel that they jointly owned. When government policy would not allow a partnership to hold a fishing licence, a valuable crab licence was put solely in the name of one brother. Upon …

Full Summary
- -

Quinlan Brothers Limited v. Coady, 2013 NLCA 31

In Contracts, Fish Cases on (Updated )

This case involved a somewhat convoluted fact situation involving three related agreements to sell a fish boat and two fishing licences. After the agreement to sell the fish boat was partially frustrated by a moratorium on cod fishing, both parties walked away from a partially completed contract to sell one of the fishing licences. Several years later after the purchaser …

Full Summary
-

Franoice C. Cormier Fish Inc. v. Bouctouche Fish Market Ltd., No. M/C/663/94 (N.B.Q.B.)

In Contracts, Fish Cases on (Updated )

The Plaintiff was a commission fish buyer who purchased fish from lobster fishers on behalf of the Defendant, fish processor. It was standard practice in the lobster industry to pay a base price for lobsters which was later adjusted depending upon the price paid by the major processors. In two different years, there was a post season rebate paid by …

Full Summary
- -

Gaudet v. Landry Estate, 1998 CanLII 12270

In Contracts, Fish Cases on (Updated )

This case involved a dispute over an agreement to sell a lobster licence, a herring licence, a mackeral licence and a cod licence along with a small amount of fishing gear. An agreement was entered into with the vendor to sell the licence to a purchaser who was obtaining financing from and giving the use of the licence to his …

Full Summary