Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A p r i l 2 0 1 4 13 per cent of the industry catch allocated to the West Coast fishing industry felt there was a case to recoup those dollars. Ellis estimates there is $5 to $6 million that 85-90 per cent of the fleet paid to the PHMA to gain that extra quota. "The restitution is still difficult to ascer- tain," he said, but more information will become available during the discovery process. It is estimated approximately $1 million was collected for each year the PHMA held that 10-per-cent quota licence. As well as Larocque, Ellis and Scaris- brick are arguing Kingstreet Investments Ltd. v. New Brunswick (Finance) and Alberta v. Elder Advocates of Alberta Society for five key points. They claim the schemes were unlawful and provided for an unwarranted levy or tax on a public resource, the minister misappro- priated funds for his scientific research projects, and in doing so also deprived each licensee of a share of the total annual catch, and, finally, that a citizen who has been forced to pay an unlawful tax or by ultra vires legislation has a right to restitution. Ellis said the class certification relates to all Category L commercial halibut licence holders issued by the Fisheries and Oceans minister between 2001-06 who purchased quota from the PHMA. But, it excludes the association, which held the licence known as L437, licence holders of the PHMA who served as directors, and First Nations fishers hold- ing Category FL Commercial halibut fishing licences. Ellis said how much may be returned to each licensee will depend on the licensee's quota. There are an estimated 400 halibut licence holders involved. Each licensee's vessel quota determined what portion of the 10 per cent held by PHMA a licensee could purchase. For example, if the licensee held five per cent of the total industry quota, that licensee could only purchase a five-per- cent share of the PHMA portion. Griffin, in certifying the class, said she was convinced litigation would be too costly for any one individual to pursue. Ellis said he anticipates it will be early 2015 before the case comes to court unless there is an out-of-court settlement. Ellis said he does not believe this case will serve as a floodgate for other cases to come forward as there is a six- year statute of limitations and they are difficult to bring forward because of the legal hurdles. "We have been plugging away at this for over six years," he said, adding the case has presented numer- ous challenges. "The real challenge has been one of trying to make the case simplified to understand, efficient to pursue, and less expensive." — JeAN soreNseN jean_sorensen@telus.net Practical. Relevant. Accessible. CLE Priority Service Code: 14-99CL Osgoode Professional Development, 1 Dundas Street West, Suite 2600, Toronto For a complete list of upcoming events or to register for any of our programs visit: www.osgoodepd.ca, call: 416.597.9724 or 1.888.923.3394, e-mail: opd-registration@osgoode.yorku.ca APRIL *Recent Developments and Complex Issues in Property and Equalization April 14, 2014 Breakfast Session: The Hon. Mary Schapiro April 16, 2014 *11 th National Symposium on Class Actions April 24 - 25, 2014 An OsgoodePD Webinar: Rogers/Chatr Wireless Inc. Decision April 25, 2014 &HUWLoFDWHLQ1HJRWLDWLRQ Starts April 28, 2014 MAY *Drafting Clearer Contracts May 12, 2014 &HUWLoFDWHLQ:RUNSODFH5HVWRUDWLRQ Starts May 13, 2014 *Effectively Representing Your Client in a Mediation: Persuasive Advocacy to Maximize Your Advantage May 15, 2014 Fundamentals of Derivatives May 28 - 29, 2014 *Debtor-Creditor Litigation May 29, 2014 An OsgoodePD Elder Law Webinar Series - Best Practices and Practical Realities May 29 - September 25, 2014 (7 Sessions) *Includes accredited Professionalism Osgoode Professional Development has been approved as an Accredited Provider of Professionalism Content by The Law Society of Upper Canada. Plus! The OsgoodePD Innovators + Entrepreneurs Speaker Series Ideas and inspiration from lawyers – both private practice and in-house – who are changing how legal services are delivered. Join us in person or by web. May 13, 2014: Shelby Austin May 29, 2014: Andy Daws June 18, 2014: D. Casey Flaherty ntitled-1 1 14-03-25 3:30 PM

• Cover