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.

Fleming Estate v. Fleming, 2008 NLTD 123

In Fish Cases, Fisheries Practice on (Updated )

This case involved a groundfish licence that was transferred by a father to one of six sons. After his death, the father’s estate commenced an action alleging that the licence was held pursuant to an express trust to hold it for the benefit of the holder’s other siblings. After citing recent jurisprudence involving express trusts over fishing licences, the court …

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