Haché v. Canada

Haché v. Canada

Summary judgment is denied except on quantum because genuine issues of restitution and misfeasance in public office exist that require trial; however the uncontradicted evidence establishes the amount paid into the Funds as $9,139,132.54, which is entered as the quantum.

Citation
2002 FCT 703
Parties
Plaintiffs: AURÉLIEN HACHÉ and others; Defendants: Her Majesty the Queen in Right of Canada (Minister of Fisheries and Oceans; Minister of Human Resources and Development Canada)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
24 June 2002
Procedural Posture
Civil Damages (judicial Review Related) / Motion for Summary Judgment
Outcome
Motion for summary judgment denied except granted on quantum
Legal Topics
Misfeasance in Public Office, Restitution, Summary Judgment, Quota Allocation, Co Management/partnering Agreements, Statutory Authority
Source Language
English
Administrative Law Fisheries Law Tort Law Employment Law Public Law Misfeasance in Public Office Restitution Summary Judgment +3 more

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Parties

AURÉLIEN HACHÉ and others

Plaintiffs

Her Majesty the Queen in Right of Canada (Minister of Fisheries and Oceans; Minister of Human Resources and Development Canada)

Defendants

Procedural Posture

Civil Damages (judicial Review Related) / Motion for Summary Judgment

Legal Issues

  1. 1 Whether plaintiffs are entitled to restitution for amounts paid into the Funds
  2. 2 Whether the Minister acted ultra vires in transferring quota to the Partenariat
  3. 3 Whether the tort of misfeasance in public office is established

Ratio Decidendi

Summary judgment is denied except on quantum because genuine issues of restitution and misfeasance in public office exist that require trial; however the uncontradicted evidence establishes the amount paid into the Funds as $9,139,132.54, which is entered as the quantum.

Court Disposition

Motion for summary judgment denied except granted on quantum

Orders

  • Motion for summary judgment denied except on the issue of quantum
  • Quantum set at $9,139,132.54 in favour of the Plaintiffs