Judicial Review/Crown Liability - Admiralty Law

Chief Percy Williams et al. v. Minister of Fisheries and Oceans and Heritage Salmon Ltd., 2003 FCA 484

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved an application by the Chief Percy Williams on behalf of the members of the Twicksutaineuk/Ah-kwa-mish Tribes for judicial review of a decision of the Minister of Fisheries to issue a Marine Mammal Predator licence to a fish farm for the purpose of killing of problem seals and seal lions. As a preliminary matter, the court had to …

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Judicial Review/Crown Liability - Unsuccessful attempt to to establish misfeasance and tort of interference with contractual relations re issuance and failure to issue hake quota and licences

Oak Island Group Limited v. A.G. (Canada), 2004 NSSC 179

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

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Judicial Review/Crown Liability - No breach of procedural fairness re application of limitation period for CORE review process

Brennan v. Canada (Minister of Fisheries), 2004 FC 213

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

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Decision of provincial Crown Agency in refusing to allow stacking of shellfish tenures upheld - Judicial Review/Crown Liability

Lorindale Holdings Ltd. v. British Columbia Assets & Land Corp., 2004 BCCA 352

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

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Canadian Environmental Assessment Act not applicable - Judicial Review/Crown Liability - Unsuccessful challenge to variation order allowing dragging on Georges Bank

Ecology Action Centre Society v. Canada (Attorney General), 2004 FC 1087

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

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Decision of Minister based upon recommendation of appeal board containing misapprehension of facts quashed - Judicial Review/Crown Liability

Decker v. Canada (Attorney General), 2004 FC 1464

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved a ground fish harvester whose application for a temporary shrimp permit was denied on the ground that his vessel was not fully geared up and ready to fish at the required time. Upon appealing the denial to the Atlantic Fisheries Licence Appeal Board, his appeal was turned down by the Minister. Upon bringing a application for judicial …

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Judicial Review/Crown Liability - Review of decision of Provincial Minister to deny processing licence for processing of snow crab

St. Anthony Seafoods Limited Partnership v. Nfld. & Labrador (Minister of Fisheries and Aquaculture), 2004 NLCA 59

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved a fish processing plant in Saint Anthony, Nfld. In 1998 the Minister of Fisheries and Aquaculture wrote to the processor and promised a multi-specie processing licence, including a licence to process snow crab. Although a licence to process shrimp was quickly granted, the Ministry never followed through on its promise to issue a snow crab licence. Upon …

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Canadian Human Rights Act - Challenge to DFO decision to Issue Snow Crab Licences based upon Place of Residence - Judicial Review/Crown Liability

Dobbin v. Department of Fisheries and Oceans, Canada, 2005 FC 1020

In Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved a decision by the Department of Fisheries and Oceans to open a new area for the fishing of snow crab to be managed by the Quebec Region with licences issued only to residents of Quebec. Upon challenging the decision under the s. 41(1)(c) of the Canadian Human Rights Act, R.S.C. 1985, c. H-6 the Human Rights Commission …

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Aboriginal Rights and Defences - Challenge to Shrimp Allocation Decision based on failure to give sufficient weight to Land Claims Agreement - Judicial Review/Crown Liability - Standing of Attorney General of Nunavut

Nunavut Territory (Attorney General) v. Canada, 2005 FC 342

In Aboriginal Rights/Defences, Fish Cases, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved the challenge of a decision of the Minister of Fisheries involving the allocation of the benefit of a 29 per cent increase in the total allowable catch of shrimp. This 29 per cent increase amounted to 2,127 additional tons of catch. of that 2,127 tons, all but 940 tons were allocated to Nunavut or Nunavut related interests. …

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Judicial Review/Crown Liability - Misfeasance - Negligent Audit - Taxation - transfer Pricing by Fish Processors

Canus v. Canada Customs, 2005 NSSC 283

In Fish Cases, Judicial Review/Crown Liability, Taxation on July 12, 2012 (Updated July 12, 2012)

This case involved an audit by Canada Customs and Revenue Agency of a Canadian Fish Processor that sold fish to its U.S. parent company. As a result of this audit, the company was re-assessed tax in the amount of $1,031345 for improper transfer pricing. As a result of this re-assessment the Fish Processor was limited in the amount of credit …

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