This case involved an application to set aside the arrest of a commercial fish packing vessel. The Plaintiff alleged that gillnet herring licences supplied to a herring joint venture for vessels that caught fish and then delivered them to the fish packer were necessaries or services supplied to the packer. The court rejected this argument and struck the in rem …
Full SummaryR v. McDonald, 2002 NSCA 135
This case involved an application under s. 71(4) of the Fisheries Act on behalf of a number of First Nations fishermen to have seized gear returned pending trial on charges of illegal fishing. At issue was whether or not the Crown had to make application under s. 71(4) of the Act if they wished to retain seized gear for more …
Full SummaryDugas (Re Bankruptcy) v., 2004 NBCA 15
This case involved a bankrupt fisher who because of poor health, arranged for another person to fish his crab licence. At issue was the extent to which the trustee in bankruptcy could collect the revenue received from the licence revenue. Although it was agreed that the licence itself was exempt from seizure (see s. 2 of the Bankruptcy Act), the …
Full SummaryShand Fisheries v. Goreham & Goreham, 2004 NSSC 272
Gladstone v. Canada, 2005 SCC 21
This case involved a quantity of herring spawn on kelp that was seized pursuant to s. 58(1) of the Fisheries Act (1970) and subsequently sold pursuant to s. 58(1) and paid into the consolidated revenue fund. After a successful appeal by the fishermen to the Supreme Court of Canada, the matter was eventually stayed by the Crown and the proceeds …
Full SummaryHarnum v. Green, 2007 NLCA 57
This case involved a fishing enterprise type partnership where one partner continued to carry on the enterprise after the break up of the partnership. This appeal concerned the following issues: (1) Whether the trial judge erred in law in determining that the value of the assets, for the purpose of sharing between the partners, is the value at the time …
Full SummaryFleming Estate v. Fleming, 2008 NLTD 123
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 …
Full SummaryBurt Bankruptcy, RE v., 2009 NLTD 19
This case involved a fish company that had loaned money to an individual for the purchase of a fishing licence. The fish harvester made an assignment into bankruptcy, but did not list his fishing licence as an asset. Despite a request by the fish company, the Trustee in Bankruptcy refused to take legal proceedings against the licence. Based upon an …
Full SummaryCaines Re. v., 2010 NLTD 72
Oak Island International Group Ltd. v. Canada (Attorney General), 2003 NSSC 47
This case involved a Nova Scotia corporation involved in the business of fishing for silver hake and selling it to an offshore market. The company alleged that it was injured as a result of : (1) a delay in approving its fishing licence and quota in 1995; (2) it received a shortfall in its quota allocation in 1995; and (3) …
Full Summary