Anglehart Sr. v. Canada

Anglehart Sr. v. Canada

The motion for summary judgment was dismissed because the Crown failed to establish that no genuine issues remain: material factual disputes and unresolved legal questions about the nature and compensability of fishing rights, prior compensation, and alleged bad faith conduct require a full trial; affidavits will be assessed at trial and striking disputed paragraphs at this late stage was inappropriate.

Citation
2012 FC 1205
Parties
Plaintiffs/respondents: Roland Anglehart Sr. et al.; Defendant/moving Party: Her Majesty the Queen in right of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 October 2012
Procedural Posture
Action in Damages Arising From Fisheries Management Decisions / Motion for Summary Judgment (pre Trial)
Outcome
Defendant's motion for summary judgment dismissed
Legal Topics
Misfeasance in Public Office, Expropriation, Unjust Enrichment, Legitimate Expectations, Policy Vs Operational Immunity, Summary Judgment Standards
Source Language
English
Administrative Law Tort Law Property Law Equity Fisheries Law Crown Liability Misfeasance in Public Office Expropriation +4 more

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Parties

Roland Anglehart Sr. et al.

Plaintiffs/respondents

Her Majesty the Queen in right of Canada

Defendant/moving Party

Procedural Posture

Action in Damages Arising From Fisheries Management Decisions / Motion for Summary Judgment (pre Trial)

Legal Issues

  1. 1 Whether the defendant's summary judgment motion is an abuse of process
  2. 2 Whether specific affidavit paragraphs should be struck as inadmissible
  3. 3 Whether there are genuine issues requiring a trial on bad faith, legitimate expectations, expropriation, unjust enrichment and misfeasance in public office

Ratio Decidendi

The motion for summary judgment was dismissed because the Crown failed to establish that no genuine issues remain: material factual disputes and unresolved legal questions about the nature and compensability of fishing rights, prior compensation, and alleged bad faith conduct require a full trial; affidavits will be assessed at trial and striking disputed paragraphs at this late stage was inappropriate.

Court Disposition

Defendant's motion for summary judgment dismissed

Orders

  • Motion for summary judgment dismissed
  • Defendant to pay costs in a lump sum of $10,000 plus disbursements