These summaries of Fisheries law cases were prepared by retired lawyer Brad Caldwell.

Readers are cautioned this material is not up to date and are urged to consult CanLii for updated cases.

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Gillett v. Canada and Hurley, 2017 FC 574

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

In response to increasing fishing pressure in the capelin fishery, in 2007 Fisheries and Oceans Canada (“DFO”) imposed a management measure that only allowed capelin licence holders to fish in one management area per year. As a result, licence holders in the Newfoundland region who leased their capelin fishing vessels to licence holders in another region, were not permitted to …

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Anglehart v. Canada, 2016 FC 1159

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

This cased involved a complaint by one group of snow crab fish harvesters who objected to the Minister reducing the quota in their area by 35 per cent. After rejecting a number of grounds of review, the court imposed liability based upon the tort of misfeasance in public office. In doing so, the court remarked that unlike a number of …

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Canus v. Canada Customs, 2005 NSSC 283

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

This case involved an audit by Canada Customs and Revenue Agency of a Canadian Fish Processor that sold fish to its U.S. parent company. As a result of this audit, the company was re-assessed tax in the amount of $1,031345 for improper transfer pricing. As a result of this re-assessment the Fish Processor was limited in the amount of credit …

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