Andrews v. Canada (Attorney General), 2019 NLSC 42

In Contracts, Fish Cases on

This case involved an alleged 1993 agreement between the Minister of Fisheries and the Area 3K snow crab fishing fleet in Newfoundland that if the fleet supported the Minister in allocating an increase in snow crab quota to fish harvesters adversely impacted by the moratorium on cod instead of the snow crab fleet, he would never reduce the snow crab fleet’s share of the quota below the quota that existed in 1993, so long as conservation was not a concern.  After reduction of the quota below the 1993 level in the year 2000, the fleet brought an action opposing that reduction based upon breach of contract. After reviewing all the evidence, the court was not convinced that there was an enforceable contract.  Give this conclusion, the court did not need to decide if the alleged contract offended the rule against a minister fettering his or her discretion.http://<http://canlii.ca/t/hxn88