Atlantic Coast Scallop Fishermen's Assn. v. Canada ( Minister of Fisheries and Oceans )
A-162-95
Stone J.A.
4/10/95
4 pp.
Appeal herein and in A-163-95 from orders of Trial Division-Individual appellants engaged as scallop fishermen in Nova Scotia-Dispute arising out of alleged agreement reached between appellants and respondent and other elements of scallop fishing industry in Bay of Fundy and offshore scallop fishermen at Bridgewater, Nova Scotia-Appellants contending agreement meaning respondent committed to cancel certain unused and never-fished scallop fishing licences in 1987 and subsequent years and to consult with them with respect to their fishing rights-Issue whether Trial Division erred in requiring appellants to seek extensions of time-Clear neither decision communicated by respondent within meaning of Act, s. 18.1(2) and accordingly applications for judicial review not brought out of time-Appeal allowed with costs herein and in A-16395-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).