the applicant did not come to court with clean hands. Upon appeal, the appeal court reviewed the authorities and concluded that "the authorities do not support the restrictive view stated by the Chambers Judge" [para. 15]. The court further stated: Clearly the foregoing decisions, including those of this Court in Green v. Harnum, confirm that the registered holder of a …
Full SummaryGenge v. Dredge
This case involved a dispute over the breach of an oral agreement to lease a shrimp fishing licence by way of failing to make the agreed upon lease payments. In granting judgement to the original licence holder, the court made a number of findings and orders including the following: A fishing licence is an asset that is capable of being …
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 SummaryMatchim v. BGI Atlantic Inc., 2010 NLCA 9
This case involved a dispute between a crab buyer and a crab harvester over whether or not an oral promise to pay a 60 cent per pound bonus above the union negotiated price for crab was a legally enforceable contract. At the trial level, the trial Court relied in part upon the case of Philpott et al v. Sullivan (2007), …
Full SummaryDugas (Re Bankruptcy) v., 2004 NBCA 15
This case involved a bankrupt fisher who because of poor health, arranged for another person to fish his crab licence. At issue was the extent to which the trustee in bankruptcy could collect the revenue received from the licence revenue. Although it was agreed that the licence itself was exempt from seizure (see s. 2 of the Bankruptcy Act), the …
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