Inter Atlantic Canada Ltd. v. Rio Cuyaguateje (The), 2000 CanLII 14805

In Fish Cases, Fisheries Practice on (Updated )

This was a motion for an order that an in rem statement of claim and warrant of arrest be struck. Amongst other things, the applicant argued that the following provision from the statement of claim be struck: [T]he provision of the fishing licence to the Defendant ship, a fishing ship, is the supply of a necessary, or in the alternative, …

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North Ridge Fishing Ltd. et al v. The Prosperity, 2000 B.C.S.C. 1124

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This case involved a collision between the net of the fishing vessel Savage Fisher (plaintiff) and the fishing vessel “Prosperity” in the 1997 herring seine fishery. This fishery was described by the trial judge as a “high stakes race . . . where from an opening ‘gun’, many vessels,sometimes dozens,would set their nets at speed in very close proximity during …

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

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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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Greyhound Canada Transportation Corp. v. Brzozowski, 2000 BCCA 360

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This case involved section 10 of the British Columbia Workers Compensation Act which bars civil actions arising from injuries occurring during the course of employment. In this case, at the time of the injury, the plaintiffs were going home from Prince Rupert (a fishing port on the north coast of British Columbia) on a regularly scheduled bus which they paid …

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D.E. & Sons Fisheries Ltd. v. Goreham, 2003 NSCA 31

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This case involved an action by a fish processing company to enforce an alleged agreement by a fisherman to hold a lobster licence as nominee for the company. Upon a summary judgement application, the court gave judgement for the fish processing company and ordered the fisherman to execute all necessary documents to transfer the licence to a nominee of the …

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R v. Tammark, 2003 BCPC 6

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This is not a fisheries case, but the decision of R. v. Hertel (1986) 32 C.C.C. 93d) 335 (B.C.S.C.) referred to herein, could be useful when interpreting s. 71(2) of the Fisheries Act. This section provides that “a court may order any fish or other thing seized under this Act to be returned to the person from whom it was …

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Canada v. Neves (The "Kristina Logos), 2002 FCA 502

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This was an appeal from an order of a motions Judge setting priorities to the sale proceeds of the Defendant vessel. The vessel had been seized by the Crown for violations of the Fisheries Act and was later arrested and sold at the application of the Crown. The claimants were the Crown, the mortgagee, and the co-owners of the vessel. …

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Careen v. Few & Strathie Ltd., 2003 NLCA 33

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This case involved the breach of agreement respecting the purchase and sale of a fishing licence. This agreement included a declaration of trust concerning the status of the licence prior to it being transferred to the purchaser. Prior to the licence being completely paid for and prior to the transfer of the licence, the vendor made an assignment in bankruptcy. …

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Roberts v. Andrews, 2003 BCSC 1002

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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 …

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R v. McDonald, 2002 NSCA 135

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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 …

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