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Interlocutory injunction to halt a commercial herring fishery dismissed for lacking proof of irreparable harm.
The applicant First Nation sought an interlocutory injunction to prevent the Minister of Fisheries and Oceans from opening a commercial spawn-on-kelp herring fishery in Area 10 pending a judicial review.
The applicant argued that the herring stocks were in decline and that opening the fishery would violate their traditional laws, disrupt reconciliation, and harm the resource.
The Federal Court dismissed the motion, finding that while there was a serious issue to be tried, the applicant failed to present clear, non-speculative evidence of irreparable harm to the herring stocks or to reconciliation.
The Court further held that the balance of convenience favoured the Minister's statutory duty to manage the fisheries in the public interest.
Court approves CCAA sale and rejects late competing bid to protect sale process.
The applicants sought approval under the Companies’ Creditors Arrangement Act for a sale of substantially all of their assets following a court‑approved sales and investor solicitation process.
The court considered the statutory factors in s. 36 of the CCAA, including the fairness and reasonableness of the process, the role of the monitor, consultation with creditors, and the adequacy of the consideration.
A late competing bid was rejected to preserve the integrity of the court‑approved sales process.
The court also addressed priority issues involving a DIP lender, secured creditors, and potential claims to HST refunds under the Financial Administration Act.
The proposed transaction and distribution scheme were approved as fair and reasonable in the circumstances.
