Daley v. Coady, 2011 NLTD 22
Knowles Estate v. Knowles, 2011 NBCA 63
McMillan v. Johnson (Estate), 2011 BCCA 48
Kwicksutaineuk/Ah-kwa-Mish Fisrst Nation v. British Columbia (Minister of Agriculture & Lands), 2011 BCCA 294
Hurley v. Power, 2008 NSSC 363
This case involved a claim by a plaintiff who allegedly paid $130,000 for a lobster licence. Since DFO regulations prevented him from holding it himself, he arranged to have it held by a nominee who later sold it and kept the proceeds of sale. In an action against the various parties involved, the court refused to impose a trust over …
Full SummaryRadil Bros. Fishing Co. v. Canada, 1998 CanLII 8703
This case involved a dispute over the entitlement to ground fish quota which was lost when a ground fish licence with a history of large landings was "swapped" with a licence from another vessel (with smaller landings) in order to facilitate the purchase of a salmon licence. In dismissing an application by the Defendant for summary judgement on the basis …
Full SummaryR v. Ulybel Enterprises Ltd., 2001 SCC 56
This case involved a Canadian registered ship which was given a provisional registration in Panama without first obtaining a deletion certificate from the Canadian Registrar of Ships. It then fished in the NAFO fishing zone without a licence, which it could do legally if it was a foreign ship, but not as a Canadian ship. Pending the trial, the ship …
Full SummaryBrotchie v. Karey T, 1997 CanLII 5852
This was a taxation of a Deputy Marshal’s account incurred in connection with the sale of a fishing vessel. It is of interest from a fisheries perspective, because it makes reference to the order of sale which specifically included the sale to the vessel’s category "A" fishing licence.
Full SummaryBornstein Seafoods Canada Ltd. v. Hutcheon, 1997 CanLII 5852
This case involves a claim by a fishing processor that the two defendants to the action conspired to transfer ground fish quota from one defendant to another, when the defendants knew the quota had been previously purchased by the plaintiff. When the action was commenced, the plaintiff arrested one of the defendant’s vessels (upon which the quota had allegedly been …
Full Summary