Hyperlawhypertext legal database Manitoba Fisheries Ltd. v. The Queen [1979] 1 SCR 101

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Manitoba Fisheries Ltd. v. The Queen

[1979] 1 SCR 101 Court SCC Decision date 1978-10-03 English

PartiesManitoba Fisheries Limited Appellant·Her Majesty The Queen Respondent

Counsel (4)
K. Arenson, D.C.H. McCaffrey, Q.C., and J. Lamont, for the appellant.
G.W. Ainslie, Q.C., and S. Lyman, for the respondent.
Solicitors for the appellant: Kaufman, Arenson, Winnipeg.
Solicitor for the respondent: Roger Tassé, Ottawa.

Judges Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves

Delivered by Judgment of the Court

On appeal from Federal Court of Appeal

Subjects Expropriation

Contents

Judgment of the Court

The judgment of the Court was delivered by

That prior to 1969 the Plaintiff owned and operated a business in the fish exporting industry in Manitoba and that the Plaintiffs business consisted entirely of some or all of the activities described in Section 21(1) of the Freshwater Fish Marketing Act (hereinafter called the “Act”).
That the Act inter alia created the Freshwater Fish Marketing Corporation (hereinafter called the “Corporation”) and gave to it the exclusive right to carry on the business of fish exporting from Manitoba and elsewhere in Canada fish that are fished for commercial purposes in a participating province as an agent of the Defendant and that the Corporation commenced its business on May 1, 1969.
That the Act prohibited all firms in the said industry from carrying on their business of fish exporting, fish that are fished for commercial purposes in a participating province, unless a license was issued by the Corporation or unless a firm was exempted from the prohibition by the Governor in Council, and that no such license has been issued nor has such an exemption been made in favour of the Plaintiff and that the Plaintiff accordingly ceased carrying on its said business on or about May 1, 1969.
That the Act empowered the responsible Minister, with the approval of the Governor in Council and on behalf of the Government of Canada, to enter into an agreement with, inter alia, the Government of Manitoba, providing for, inter alia, the undertaking by the Province of arrangements for the payment to the owner of any plant or equipment used in storing, processing or otherwise preparing fish for market, for compensation

[Page 104]

for any such plant or equipment that would or might be rendered redundant by reason of any operations authorized to be carried out by the Corporation under Part 3 thereof.
That in an agreement dated the 4th day of June 1969, the Government of Canada and the Government of Manitoba agreed, inter alia, as follows:

Footnotes

  1. [1] [1978] 1 F.C. 485.
  2. [2] [1896] A.C. 7.
  3. [3] [1953] N.I. 79.
  4. [4] [1920] A.C. 508.
  5. [5] (1962), 34 D.L.R. (2d) 25.
  6. [6] [1960] A.C. 490.
  7. [7] [1927] 1 K.B. 458.
  8. [8] [1977] 2 W.L.R. 901.

Statutes and regulations cited

  • Fire Prevention Act
    • Section 21(1) of the Freshwater Fish Marketing Act ¶ 1