Court remitted an arbitrator’s decision regarding a dispute of transfer of fishing licences to be heard by a different arbitrator

19. August 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration and award – Interpretation of contract – Fisheries – Licences – Judicial review – Evidence – Standard of review – Reasonableness simpliciter – Failure to provide reasons Layman Estate v. Layman, [2014] N.J. No. 181, 2014 NLTD(G) 66, Newfoundland and Labrador Supreme Court, June 20, 2014, ...

The appellant, Ralph, sought unsuccessfully a judicial review of a decision of the Minister of Fisheries and Oceans (the “Minister”) which dismissed the appellant’s application for the reinstatement of a supplementary crab licence

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Fisheries – Licence applications – Judicial review – Natural justice Ralph v. Canada (Attorney General), [2009] F.C.J. No. 1556, 2009 FC 1239, Federal Court, December 4, 2009, Heneghan J. The appellant obtained a supplementary crab licence in 1988. At that time, the Crab Management Plan for the ...

The appeals by the Plaintiff fishermen from an application Judge’s decision striking their actions on the ground that they constituted a challenge to the ministerial decisions over which the Supreme Court of Newfoundland had no jurisdiction, was allowed in part, and the Court ordered that stays should have been entered pending judicial review before the Federal Court

25. March 2008 0
Administrative law – Fisheries – Licence applications – Duty of Crown employees – Judicial review – Jurisdiction of court – Ministerial orders – Stay of proceedings Donovan v. Canada (Attorney General), [2008] N.J. No. 36, Newfoundland and Labrador Supreme Court – Court of Appeal, February 5, 2008, B.G. Welsh, M. Rowe and L.D. Barry The ...

The Court held that it had no jurisdiction to entertain the claims of the Plaintiff as set out in his Statement of Claim, unless and until a successful judicial review had been completed through the Federal Courts Act

27. March 2007 0
Administrative law – Fisheries – Licence applications – Jurisdiction of court to hear a complaint – Judicial review – Permits and licences Waterman v. Canada (Department of Fisheries and Oceans), [2007] N.J. No. 27, Newfoundland and Labrador Supreme Court – Trial Division, January 25, 2007, R.J. Hall J. The Plaintiff brought an action in the Newfoundland ...

The court held that the Minister’s determination that there had not been a previous commitment to the Appellant with respect to a snow crab licence and that the condition respecting commencement of the processing operations had not been met were contrary to the overwhelming weight of the evidence and ought to be set aside. The matter was remitted back to the Minister for reconsideration.

28. December 2004 0
Administrative law – Fisheries – Permits and licences – Compliance with legislation – Powers under legislation – Abuse of ministerial discretion – Decisions of administrative tribunals – Ministerial orders – Judicial review – Evidence – Standard of review – Patent unreasonableness St. Anthony Seafoods Limited Partnership v. Newfoundland and Labrador (Minister of Fisheries and Aquaculture), [2004] N.J. No. 336, ...

A fisherman (“Decker”) succeeded on his application for judicial review of the decision of the Minister of Fisheries and Oceans (the “Minister”) refusing his application for a shrimp licence

28. December 2004 0
Administrative law – Fisheries – Licence applications – Permits and licences – Decisions of administrative tribunals – Ministerial – Judicial review – Evidence Decker v. Canada (Attorney General), [2004] F.C.J. No 1762, Federal Court, October 20, 2004, O’Keefe J. Decker was a core enterprise fisher in Newfoundland and Labrador holding a groundfish licence. In April of 1997, the ...

St. Anthony Seafoods Limited Partnership (“St. Anthony”) applied for an Order that the Minister of Fisheries and Aquaculture issue it a licence to process snow crab. The Minister of Fisheries and Aquaculture denied making any prior commitment to issue a licence for the processing of snow crab and the court agreed and dismissed the Plaintiff’s application.

28. October 2003 0
Administrative law – Fisheries – Permits and licences – Compliance with legislation – Powers under legislation – Judicial review – Procedural requirements – Legitimate expectations – Promissory estoppel St. Anthony Seafoods Limited Partnership v. Newfoundland and Labrador (Minister of Fisheries and Aquaculture), [2003] N.J. No. 187, Newfoundland and Labrador Supreme Court – Trial Division, July 31, 2003, ...