This case was brought by a group of fish packer owners whose businesses declined to the point where they were no longer economically viable. They sought a declaration based upon the common law doctrine of "taking". They argued that the state cannot take property without compensation except where such taking is supported by clear unambiguous statutory language. They submitted that …Full Summary
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This case involved an attack on the alleged privatization of the ground fish fishery in the Scotia-Fundy area by way of the creation of individual transferable fishing quotas. The case was brought as an action for both injunctive and declaratory relief. On a pre-trial application by the Defendant, the court struck the portions of the statement of claim asking for …Full Summary
This case involved the failure of the Department of Fisheries and Oceans ("DFO") in 2003 to negotiate a co-management arrangement with the snow crab fleet, which would have provided funding for scientific research related the snow crab fishery. As a result of that failure, DFO decided to undertake research itself by hiring a private contractor and paying him by issuing …Full Summary