February 13, 2009 - Meldon Ellis appeared before Madame Justice Griffen

Meldon Ellis appeared before Madame Justice Griffen to argue against the defendant’s motions to stay or dismiss the plaintiff’s damages claims on the basis that the British Columbia Supreme Court lacks the jurisdiction to deal with damages claims without the plaintiff first pursuing a judicial review application in the Federal Court of Canada.

The requirement of a two-stage process for suing the Federal Crown is based on a 2005 ruling by the Federal Court of Appeal in Greiner v. Her Majesty the Queen.

A recent ruling on December 24, 2008 by the Ontario Court of Appeal in the case of Telezone v. Her Majesty the Queen called into question the principle in Grenier and allowed the Ontario Supreme Court to maintain jurisdiction over a number of claims against the federal government without requiring the plaintiffs to first go to Federal Court to obtain a judicial review determination.

Meldon Ellis argued that the Telezone case should be followed by British Columbia Supreme Court in these proceedings. Madame Justice Griffen reserved judgment until a later date to be announced.

May 20, 2008, Case Management Conference

On Tuesday, May 20, 2008, we appeared before Madame Justice Griffen, our assigned case management judge to discuss the next steps in the class action law suit.

After listening to our summary of the case, which the other lawyers both agreed with, Madame Justice Griffen directed the following:

(1) that the defendant’s motions to strike our pleadings pursuant to Rule 19(24) be set down for a 2-day hearing (it has now been scheduled for September 4th and 5th, 2008);

(2) that the defendants be required to deliver a full written legal argument well ahead of the hearing; and that plaintiff will have an opportunity to respond with its full written legal argument; and,

(3) that the plaintiff be entitled to bring its application to add or substitute the representative plaintiff at the same time the defendant’s motions are heard.

If the plaintiff succeeds in these motions the next step will be the plaintiff’s certification motion.

Fishing for Freedom

January 2008
Meldon Ellis speaks at Fishing for Freedom public meeting re: Halibut Class Action Lawsuit, January 27th, Richmond Inn, Vancouver, BC and January 28th, Dorchester Hotel, Nanaimo. BC.

The Vancouver Sun Article - December 7th, 2007

Halibut fishermen sue DFO over alleged misuse of quota
Kris Schumacher, Prince Rupert Daily News
Published: Friday, December 07, 2007

Read the article online at the Vancouver Sun here.

DFO named in fishermen lawsuit.

DFO named in fisherman lawsuit. Read the Press Release here.

Ellis Business Lawyers files Class Action lawsuit

Ellis Business Lawyers files Class Action lawsuit against the Federal Department of Fisheries and the Pacific Halibut Management Association. Read the Statement of Claims here.