Logan v. Canada
T-1734-92
Teitelbaum J.
15/12/94
31 pp.
Plaintiff bringing action for return of proceeds of sale of fish seized by defendant and claiming damages, interest and costs-Commercial fishing licence for halibut issued to vessel owner-Halibut quota overage and rockfish catch seized after plaintiff signing "Relinquishment of Claim, Halibut" form ("relinquishment form")-Charges pursuant to Fisheries Act against plaintiff stayed-Finding of partnership or joint- venture between plaintiff, vessel owner and crew ("partners") by virtue of sharing catch-Plaintiff permitted to commence representative action on behalf of all partners-In signing relinquishment form, plaintiff binding all partners-Halibut overage not seized by defendant as partnership signing relinquishment form without duress-Signing of relinquishment form not effecting forfeiture which can only be done pursuant to Fisheries Act-Had defendant seized and caused halibut overage to be forfeited, forfeiture would have been ultra vires Fisheries Act-In making quota and forfeiture conditions of licence issuance, defendant attempting to do indirectly that which can only be done pursuant to Fisheries Act-As relinquishment of halibut overage validly signed by plaintiff, claim for value of fish relinquished dismissed-Crown conceded claim for value of seized rockfish ($526.50) even though plaintiff had no licence to fish rockfish-Fisheries Act, R.S.C., 1985, c. F-14.