Pisces Marine Ltd. v. Canada, docket T-1077-97

                                                                                                                 T-1077-97

Between:

                                           PISCES MARINE LTD.,

                                                                                                                 Applicant,

                                                           - and -

           HER MAJESTY THE QUEEN, as represented by the MINISTER

                              OF FISHERIES AND OCEANS, and the

                       GROUNDFISH MANAGER, PACIFIC REGION

               OF THE DEPARTMENT OF FISHERIES AND OCEANS,

                                                                                                            Respondents.

                                          REASONS FOR ORDER

ROULEAU, J.

          This matter was brought to my attention by the registry on October 7, 1997.  The Applicant had not filed his motion record in accordance with the rules, within 30 days of filing his application for judicial review.

          It would appear, initially, that the Respondent was agreeable to leave the matter in abeyance.  This code of conduct was tacitly considered since some weeks after the filing of the initial application the Minister of Fisheries and Oceans put in place new regulations allowing for the creation of the Pacific Region Licence Appeal Board having the power to make recommendations directly to the Minister for decision.

          As a result, the initial decision complained of and the subject of this judicial review, could now be brought before the newly constituted Appeal Board.  This process is now being followed by the Applicant.

          The Court convened counsel at Vancouver on October 8, 1997 and explained that no motion record had been filed and that in light of the creation of a new internal appeal procedure having been put in place, it was mandatory that the Applicant exhaust all remedies available before judicial review would be considered by the Court.

          Following discussions with counsel, it was agreed that this application for judicial review should be dismissed:  but, should it eventually be determined that the newly constituted Appeal Board recommendations or the Minister's decision prove to be unconstitutional or unimpeachable for any reason, the applicant should be at liberty to bring an application for extension of time to file for judicial review of the original decision affecting this applicant.

                                                                                  (Sgd.) "P. Rouleau"

                                                                                              JUDGE

October 8, 1997

Vancouver, British Columbia

             NAMES OF COUNSEL AND SOLICITORS OF RECORD

STYLE OF CAUSE:                      PISCES MARINE LTD.

                                                          - and -

                                              HER MAJESTY THE QUEEN, AS REPRESENTED BY THE MINISTER OF FISHERIES AND OCEANS, AND THE GROUNDFISH MANAGER, PACIFIC REGION OF THE DEPARTMENT OF FISHERIES AND OCEANS

COURT NO.:                                  T-1077-97

PLACE OF HEARING:                Vancouver, BC

DATE OF HEARING:                  October 8, 1997

REASONS FOR ORDER OF ROULEAU, J.

dated October 8, 1997

APPEARANCES:

          Mr. J. Raymond Pollard                  for Applicant

          Mr. Simon Fothergill                        for Respondent

SOLICITORS OF RECORD:

          Richard Buell Sutton

          Vancouver, B.C.                                for Applicant

          George Thomson                               for Respondent.

          Deputy Attorney General

          of Canada