This was an appeal and cross appeal from a decision of the Federal Court (2015 FC 932) allowing in part the Appellant/Defendant’s motion for summary judgement to dismiss the Respondent/Plaintiffs’ claims. In their action, the Plaintiffs’ claim included the following: 1) Expropriation without compensation; 2) Breach of contract; 3) Unjust enrichment; and 4) Misfeasance of Public office. The motions Court …Full Summary
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: email@example.com. 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.
This was a net damage case involving a claim for damages incurred by a vessel when its net was fouled by another vessel during a very short opening in the 1997 herring seine fishery. The issues raised by this case included the following: 1)Recovery for contractual relational economic loss; 2)Limitation of Liability; 3)Restitution for unjust enrichment with an accounting of …Full Summary
This was an application to strike out a paragraph of the Statement of Claim pleading a claim for unjust enrichment in the alternative to a main claim for breach of contract for the building of a boat. The Court allowed the application and struck out the offending paragraph on the basis that facts in support of the claim for unjust …Full Summary