Radil Bros. Fishing Co. Ltd. v. Her Majesty the Queen et al., 2001 FCA 317

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

This case involved an appeal from an order of the trial division of the Federal Court (2000 F.C.J. 1885) allowing an appeal from an order of a Prothonotary (reported at (1999) 175 F.T.R. 182). The alleged facts, as taken from several of the judgements, are quite complicated as the case arose out of what is commonly called a “licence swap” …

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Oak Island International Group Ltd. v. Canada (Attorney General), 2003 NSSC 47

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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) …

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Armstrong v. Gill, 2004 BCSC 1480

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

This case involved a prosecution under the Fisheries Act. In the course of a pre-trial application by the defence for disclosure of Crown documents, the matter was adjourned so that the parties could exchange and file written submissions. Although written submissions from both parties were filed, for some unexplained reason only the Crown’s submissions were provided to the judge hearing …

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Prince Edward Island v. Summerside Seafood, 2006 PESCAD 11

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This case involved a fish processing plant that was refused a fish processing licence from the Provincial Minister of Fisheries because of its alleged indebtedness to the Provincial Government arising from a loan guarantee. The fish processor commenced a judicial review proceeding against the Government and its officials and then obtained an interim declaration that the fish processor had a …

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Barnard v. Geof Regan, Minister of Fisheries and Oceans, and Azulemar Fishing Ltd., 2006 F.C. 203

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This case involved the ranking of Canadian fishing vessels on a list that allowed these vessels to participate in the U.S. tuna fishery. Under this list, it was anticipated that only the first 94 fishing vessels would be able to participate in this fishery in 2007 and thereafter. After being placed at 97th position on the list, the applicant appealed …

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Canada (Attorney General) v. Hijos, 2007 FCA 20

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

This case involved a civil action by the owner of the Spanish Trawler "Estai" against the Government of Canada arising out of its highly publicized seizure on the high seas in March of 1995. In response to various arguments advanced by the vessel owner, the trial court (2005 FC 1011 (link)) concluded as follows: (1) Pursuant to the terms of …

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