These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co.,  404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894,  E-mail: brad@marine-law.ca CV: Link.

Readers are urged to consult CanLii for updates to the cases digested on this site.

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Her Majesty the Queen v. . 100193 P.E.I. Inc. et al., 2016 FCA 280

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

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
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Capilano Fishing Ltd. v. Qualicum Producer (The), 2001 BCCA 244

In Fish Cases, Fisheries Practice, Torts on (Updated )

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 …

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Ed Wahl Boat Builders and Repairs Ltd. v. Holm, 2000 CanLII 15889 (FC)

In Admiralty Practice, Pleadings on (Updated )

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 …

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