This case involved a dispute over whether or not a right of first refusal to lease two roe herring seine licences was properly exercised. After reviewing a great deal of evidence and some related issues such as res Judicata, mistake of law, and misrepresentation, the court ruled that the rights of first refusal had been properly exercised. Counsel for the …
Full SummaryFish Reduction Ltd. v. Malone, 1999 CanLII 2314
This case involved an alleged arrangement whereby in order to get around a restriction upon the holding of fishing licences by companies, two companies arranged for an individual to hold a fishing licence in trust for the companies. In an action to enforce the alleged agreement, the court reviewed the evidence and declined to find such a trust. In doing …
Full SummaryBaines v. Deluney, 2002 CanLII 54020
This case involved the issue of whether or not a shrimp licence transferred to a fisherman was transferred for the purpose of a sale or the purpose of a long-term lease. After reviewing all of the evidence, the court concluded that the transfer was for the purpose of a lease and not a sale. It then imposed a constructive trust …
Full Summary458093 BC Ltd v. Dietterle, 2001 FCT 823
This case concerned the interpretation of an agreement between the Plaintiff and Defendant relating to the roe herring fishery. The Plaintiff alleged an agreement between it and the Defendant fishermen the terms of which required the Plaintiff to lease the Defendant fishing licences and to provide specific services such as packing and trucking. Expenses for such services were to be …
Full SummaryBaker v. Smith, 2002 NSCA 98
This case involved an application for specific performance of a contract to whereby a purchaser would fish a vendor’s snow crab licence and purchase it when it became transferable. The Court of Appeal upheld the ruling of the trial judge refusing to enforce the contract for the following reasons: There was no agreement or “meeting of the minds” on an …
Full SummaryCaul v. Caul, 2004 NLTD 223
This case involved a family fishing business. After the father retired, the five sons sought direction from the court as to who if any of them were partners. After reviewing the law of partnership in general and as it applies in fishing enterprises, per Johannes Estate v. Sheaves (1996), 23 B.C.L.R. (3d) 283, the court held that two of the …
Full SummaryGarland Estate v. Garland, 2005 NLTD 140
This case involved a application by the estate of a deceased partner for an accounting from the remain partner with respect to a fishing partnership. After reviewing the applicable law and the fishing assets, the court found that the property in question, including fishing licences, was partnership property , valued the property and ordered a pay out.
Full SummaryDoucette v. Jones, 2006 NBCA 63
See: Article about trial level decision as upheld by court of appeal: Licence Trusts and Frustration of Contracts.
Full SummaryOcean Fisheries Ltd. v. Mitchell, 2006 BCSC 713
This case involved an agreement between a herring fish harvester and a fish processor whereby the fish processor advanced money to the fish harvester in exchange for an agreement to deliver fish. The agreement did not address the issue of what would happen if there were not enough fish landed to cover the funds advanced. At trial evidence was lead …
Full SummaryPhilpott and Hopkins v. Sullivan, 2007 NLTD 111
This case involved a dispute between a fish processor and a fisher over the enforceability of a trust agreement, which provided that the fisher would hold a crab licence as bare trustee for the processor. When the processor commenced and action to enforce the trust, the fisher raised a number of defences including non est factum, unconsciounability, and contrary to …
Full Summary