The issue in this case was the apportionment of liability for a collision involving two fishing vessels. One vessel, under the command of Hogan, was in the process of laying lobster traps in a northerly direction while the other vessel, under the command of Buote, was proceeding westerly. Buote argued the collision was Hogan’s fault as Buote had the right …Full Summary
These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: email@example.com CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Sable Offshore Energy Inc. v. Bingley, 2003 NSSC 20
This case involved an action by a lobster fisherman against the builder of an underwater pipeline for loss of income due to a decrease in his lobster catch alleged to have been caused by construction activities while laying an the pipeline. At the conclusion of a Small Claims hearing, a Small Claims court adjudicator awarded damages to the fisherman on …Full Summary
D.C.T.B. Enterprises v. Original Fishboat Trader, 2006 BCSC 1939
This case involved a series of transactions in 2001 and 2002 where a fishing licence broker acted as agent with respect to the sale of halibut quota for a number of vendors. After the fact, the vendors claimed that the broker was negligent in allowing the 10 per cent Pacific Halibut Management Association ("PHMA") quota associated with their licences to …Full Summary
Erickson v. Bowie, 2007 BCSC 1465
This case involved a 50 year old fish harvester who suffered injuries in a motor vehicle accident that prevented him from returning to work on a fishing vessel. In assessing his claim for both past and future loss of income, the court ruled that the claimant was not limited by his past earnings and made an award based upon the …Full Summary
Capilano Fishing Ltd. v. Qualicum Producer (The), 2001 BCCA 244
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 …Full Summary