These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.

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

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R v. George, 2002 BCPC 207

In Aboriginal Rights/Defences, Fish Cases, Miscellaneous, Offences on (Updated )

This case involved a charge against a First Nations defendant of offering to sell fish that was not caught under the authority of a fishing licence. At the commencement of the trial, the defence made an application for a judicial stay on the grounds that, “[t]hese delays have caused our clients, one of whom is an elder, considerable expense both …

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Pro-Service Forwarding Co. of Canada v. Sales Corp. Intl. Group Inc., [2005] O.J. No. 3270

In Carriage of Goods by Air on (Updated )

This was an application by the Plaintiff freight forwarder to recover the amount of its invoice to the Defendant, its customer. The Defendant claimed a set-off and counter-claim for delay in delivering its goods. The Court held that the delay was due to a downsizing of the aircraft by Air Canada and was not the result of any negligence on …

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Continental Insurance Co. v. Almassa International Inc., 2003 CanLII 45611

In Experts and Expert Evidence, Marine Insurance on (Updated )

This case concerned a shipment of lumber carried from Canada to Saudi Arabia, some of which was loaded on deck and some of which under deck. During the voyage the vessel suffered engine failure and had to be towed to Piraeus, Greece for repairs. The shipment was insured under an open cargo policy. The assured was concerned about the possibility …

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