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: 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.

Jada Fishing Co. Ltd. et al v. Canada (Minister of Fisheries and Oceans), 2002 FCA 103

In Fish Cases, Judicial Review/Crown Liability on (Updated )

In this case the motions judge (Pelletier J.), reviewed a recommendation regarding a quota allocation adjustment for an individual fisherman made by the Pacific Region Licence Appeal Board to the Minister of Fisheries. Using the Pushpanathan pragmatic and functional analysis as applied to an “expert tribunal,” the motions judge applied a standard of review of reasonableness. Upon appeal, the Federal …

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