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Commercial Halibut Fishing
- the holder of license L-437;
- First Nations fishers holding Category FL Commercial Halibut Fishing licenses; and,
- members of the subclass.
All owners of fishing vessels with a Category L Commercial Halibut License to fish for halibut issued by the Minster of Fisheries and Oceans (“Licensed Vessels”) between 2001 and 2006 inclusive (the “Material Time”) for which quota was purchased from PHMA and:
- who at any time during the Material Time:
- were directors of PHMA; or,
- were corporations in which a PHMA director owned more than 50% of the shares; or
- who claim that they were in a partnership with a PHMA director in relation to a Licensed Vessel and the purchase of quota from PHMA at any time during the Material Time.
DFO Class Action Blog
Note: Please direct all inquiries to David Jones, Camp Fiorante Matthews Mogerman (Main Class)
Background
A class action was certified regarding a Department of Fisheries and Oceans (the “Crown”) scheme to divert individual vessel quota (IVQ) representing 10% of the Total Allowable Catch (TAC) to the Pacific Halibut Management Association for resale back to individual commercial halibut license holders.
Settlement
A settlement of approximately $2.8 million has been reached in this case. The settlement was approved by the Supreme Court of British Columbia on September 11, 2015. The method of distribution, class counsel fees and an honorarium to the representative plaintiff was approved by the court on November 10, 2015.
Distribution of Settlement Funds
On March 9, 2017, the court approved the payout of settlement funds to class members in stages. The first stage will be to pay out all claims to class members who are sole owners (company or individual) of the licensed vessel. The first stage includes approximately 80% of the class members who submitted a claim form. We anticipate cheques will be mailed out by the end of March for these claims.
The second stage will involve paying out settlement funds to the remainder of the class members, including joint owner claims, disputed claims, deceased claimant claims, and claims which have other issues with the submitted form. For those class members who fall within the second stage, you will be receiving correspondence from CFM within the next couple months detailing your claim and requesting further information if required.
Second Distribution of Settlement Funds
On September 6, 2017, the court approved the second distribution of settlement funds in this class action, subject to obtaining additional information for claims made on behalf of deceased class members. We will proceed to issue and distribute cheques shortly.
Settlement Distribution Completed
On June 15, 2018, the court approved an order finalizing the distribution of settlement funds in this class action. The settlement distribution has now been completed, and the matter will be discontinued once all of the distribution cheques have been cashed.
Matter Concluded
This class action has been concluded. On September 12, 2018, a Consent Dismissal Order was filed with the court registry dismissing all claims.
Certification Decisions
Copies of the Reasons for Judgment of the Supreme Court of British Columbia may be viewed by clicking the following links:
- Interim Ruling on Causes of Action
- Second Interim Ruling on Causes of Action
- Third Interim Ruling: Certification and Amendments to Claim
- Fourth Interim Ruling: Subclass Certification
Important Documents:
- Consent Dismissal Order, 12 Sep 2018
- Order Made After Judicial Management Conference – March 9, 2017
- Third Further Amended Notice of Civil Claim
- Certification Order – February 18, 2014
- Order Approving Settlement
- Order Approving Settlement Administration Plan
- Order Approving Class Counsel Fees and Honorarium
For further information concerning this action, please contact Lise Carmichael at 1-800-689-2322 or 604-689-7555, or email [email protected].
Commercial Halibut Fishing - Status Updates:
Commercial Halibut Fishing – Matter Concluded - View
Commercial Halibut Fishing Class Action update - View
Commercial Halibut Fishing – Matter Concluded - View
Commercial Halibut Fishing – update - View
Commercial Halibut Fishing - View
