Case information
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31622
Benoit Joseph Saulnier, et al. v. Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited,, et al.
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-11-06 | Appeal closed | |
| 2008-10-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-10-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-10-24 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 263525, 2006 NSCA 91, dated July 25, 2006, heard on January 23, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2008-02-06 | Transcript received, (66 pages) | |
| 2008-01-23 | Judgment reserved OR rendered with reasons to follow | |
| 2008-01-23 | Intervener's condensed book, Submitted in Court (14 copies) | Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada |
| 2008-01-23 | Respondent's condensed book, Submitted in Court (14 copies) | Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, |
| 2008-01-23 | Appellant's condensed book, Submitted in Court (14 copies) | Benoit Joseph Saulnier |
| 2008-01-23 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2008-01-23 |
Hearing of the appeal, 2008-01-23, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2008-01-11 | Notice of appearance, Andrew Nickerson will be present at the hearing. | Benoit Joseph Saulnier |
| 2008-01-10 | Notice of appearance, Carl Holm and Christian Weisenburger will be present at the hearing. | Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, |
| 2008-01-10 | Notice of appearance, Peter Southey and Christine Mohr will be present at the hearing. | Attorney General of Canada |
| 2008-01-09 | Notice of appearance, Richard F. Southcott & Andrea F. Baldwin will be present at the hearing | Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada |
| 2008-01-09 |
Order by, Ro, FURTHER TO THE ORDER dated October 23, 2007, in which Abella J. granted leave to intervene to the Attorney General of Canada and Seafood Producers Association of Nova Scotia, the Groundfish Enterprise Allocation Council, the BC Seafood Alliance, the Canadian Association of Prawn Producers and the Fisheries Council of Canada; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2007-12-18 | Intervener's factum, Completed on: 2007-12-18 | Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada |
| 2007-12-17 | Intervener's book of authorities, Completed on: 2007-12-17 | Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada |
| 2007-12-14 | Intervener's book of authorities, Completed on: 2007-12-14 | Attorney General of Canada |
| 2007-12-14 | Intervener's factum, Completed on: 2007-12-14 | Attorney General of Canada |
| 2007-12-04 | Notice of hearing sent to parties | |
| 2007-12-04 |
Appeal hearing scheduled, 2008-01-23 Judgment reserved |
|
| 2007-11-06 | Correspondence received from, A.S. Nickerson, dated Nov. 6/07; re: does not wish to make submission concerning Rothstein J. | Benoit Joseph Saulnier |
| 2007-11-05 | Correspondence received from, P. Southey, dated Nov. 1/07; re: there is no grounds that might disqualify Justice Rothstein | Attorney General of Canada |
| 2007-11-02 | Correspondence received from, D.G. Henley, dated Nov. 2/07; re: no concerns with the participation of Rothstein J. | Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada |
| 2007-10-31 | Correspondence received from, C.A. Holm, Q.C., dated Oct. 26/07; do not wish to make submissions concerning Rothstein J. | Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, |
| 2007-10-24 | Letter sent to Intervener(s) | |
| 2007-10-23 | Order on motion for leave to intervene | |
| 2007-10-23 |
Decision on the motion for leave to intervene, Abe, The motion for leave to intervene of the applicant, Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 10 pages in length. The motion for leave to intervene of the applicants, Seafood Producers Association of Nova Scotia, the Groundfish Enterprise Allocation Council, the BC Seafood Alliance, the Canadian Association of Prawn Producers and the Fisheries Council of Canada, is granted and the applicants shall be entitled to serve and file a single factum not to exceed 10 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2007-10-23 | Submission of motion for leave to intervene, Abe | |
| 2007-10-18 | Correspondence (sent by the Court) to, the parties from A. Roland, re: Justice Rothstein | |
| 2007-08-24 | Appeal perfected for hearing | |
| 2007-08-20 | Respondent's book of authorities, Completed on: 2007-08-20 | Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, |
| 2007-08-20 | Respondent's factum, Completed on: 2007-08-20 | Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, |
| 2007-08-03 | Response to the motion for leave to intervene, (Letter Form), from Andrew S. Nickerson, Q.C. dated Aug. 1/07, Completed on: 2007-08-03 | Benoit Joseph Saulnier |
| 2007-07-27 | Response to the motion for leave to intervene, (Letter Form), from Carl A. Holm, Q.C. dated July 27/07 (by the A.G. of Canada and the Associations), Completed on: 2007-07-27 | Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, |
| 2007-07-26 | Supplemental document, Authorities on motion to intervene, Completed on: 2007-07-26 | Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada |
| 2007-07-26 | Motion for leave to intervene, Completed on: 2007-07-26 | Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada |
| 2007-07-24 | Motion for leave to intervene, (bookform), Completed on: 2007-07-24 | Attorney General of Canada |
| 2007-06-28 | Appellant's book of authorities, Completed on: 2007-06-28 | Benoit Joseph Saulnier |
| 2007-06-28 | Appellant's record, (Vol. I and II), Completed on: 2007-06-28 | Benoit Joseph Saulnier |
| 2007-06-28 | Appellant's factum, Completed on: 2007-06-28 | Benoit Joseph Saulnier |
| 2007-05-14 | Order on motion to extend time | |
| 2007-05-14 |
Decision on motion to extend time, to serve and file the appellants' factum, record and book of authorities to June 30/07, Reg Granted |
|
| 2007-05-11 | Submission of motion to extend time, Reg | |
| 2007-05-08 | Response to motion to extend time, (Letter Form), from Carl A. Holm, Q.C. dated Apr. 20/07, Completed on: 2007-05-08 | Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, |
| 2007-05-08 | Motion to extend time, to file the appellants' factum, record and authorities to June 30/07, Completed on: 2007-05-10 | Benoit Joseph Saulnier |
| 2007-03-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-02-26 | Notice of appeal, (service missing), Completed on: 2007-03-13 | Benoit Joseph Saulnier |
| 2007-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-02-09 | Judgment on leave sent to the parties | |
| 2007-02-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 263525, 2006 NSCA 91, dated July 25, 2006, is granted with costs to the applicants in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2006-12-04 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-10-12 | Respondent's response on the application for leave to appeal, Completed on: 2006-10-12 | Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, |
| 2006-09-21 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-09-15 | Court of Appeal casebooks and transcripts of evidence, 1 volume | |
| 2006-09-15 | Application for leave to appeal, No service - Rec'd on October 6, 2006, Completed on: 2006-10-06 | Benoit Joseph Saulnier |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Saulnier, Benoit Joseph | Appellant | Active |
| Bingo Queen Fisheries Limited | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited, | Respondent | Active |
| Goodman Rosen Inc., in its capacity as Trustee, in bankruptcy of Benoit Joseph Saulnier | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada | Intervener | Active |
Counsel
Party: Saulnier, Benoit Joseph
Counsel
381 Main Street
PO Box 117
Yarmouth, Nova Scotia
B5A 4B1
Telephone: (902) 749-1995
FAX: (902) 749-1996
Email: nickerson@nickersonjacquard.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Bingo Queen Fisheries Limited
Counsel
381 Main Street
PO Box 117
Yarmouth, Nova Scotia
B5A 4B1
Telephone: (902) 749-1995
FAX: (902) 749-1996
Email: nickerson@nickersonjacquard.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Royal Bank of Canada, WBLI Inc. in its capacity as receiver of Benoit Joseph Saulnier and Bingo Queen Fisheries Limited,
Counsel
Christian Weisenburger
PO Box 10542100-1801
Hollis Street
Halifax, Nova Scotia
B3J 2X6
Telephone: (902) 429-4111
FAX: (902) 429-8215
Email: cholm@wickwireholm.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Goodman Rosen Inc., in its capacity as Trustee, in bankruptcy of Benoit Joseph Saulnier
Counsel
PO Box 10542100-1801
Hollis Street
Halifax, Nova Scotia
B3J 2X6
Telephone: (902) 429-4111
FAX: (902) 429-8215
Email: cholm@wickwireholm.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Attorney General of Canada
Counsel
Christine Mohr
The Exchange Tower, Box 36
Suite 3400, 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-2240
FAX: (416) 973-0809
Email: peter.southey@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Seafood Producers Association of Nova Scotia, Groundfish Enterprise Allocation Council, BC Seafood Alliance, Canadian Association of Prawn Producers and Fisheries Council of Canada
Counsel
Andrea F. Baldwin
Suite 900, Purdy's Tower 1
1959 Upper Water Street, P.O. Box 997
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3304
FAX: (902) 496-6175
Email: rsouthcott@smss.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Bankruptcy and Insolvency - Immunity from seizures - Fisheries - Rights relating to fishing licences - Whether the Court of Appeal erred in holding that rights relating to fishing licences constitute “property” under the Personal Property Security Act, S.N.S. 1995-96, c. 13, and the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3.
Mr. Saulnier, who holds four fishing licences granted by the Minister of Fisheries and Oceans, owns Bingo Queen Fisheries Limited. The Royal Bank holds a security agreement, made pursuant to the Nova Scotia Personal Property Security Act (PPSA), which addresses “security over all present and after acquired personal property including … intangibles … and in all proceeds and renewals thereof …”. In July 2004, the bank demanded payment to Mr. Saulnier and his Bingo for amounts due and gave notice of its intention to enforce its security. It appointed WBLI Inc., as Receiver, further to the security agreement. Mr. Saulnier then made an assignment in bankruptcy. In November 2004, he signed a “Lease and Royalty Agreement” with a corporation whose principal was his common law spouse, to which he granted the use and benefit of his lobster licence.
The Royal Bank and the Receiver applied to the Supreme Court of Nova Scotia for a declaration that Mr. Saulnier’s fishing licences (1) are “personal property” in the form of an intangible, pursuant to the PPSA, and (2) are “property”, for the purposes of the Bankruptcy and Insolvency Act (BIA), which a receiver or trustee can require a bankrupt to transfer.
The Supreme Court of Nova Scotia granted the declaration and found that the fishing licences were property under the BIA and personal property under the PPSA. The Nova Scotia Court of Appeal allowed the appeal only to specify that it was the rights respecting fishing licences that constituted property; here, the right to apply for renewal of the licence or reissuance to a designate, coupled with the right to resist an arbitrary denial.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
2006 NSSC 34, SH 246352 B27784
Fishing licences declared to be "property" for the purposes of the BIA and "personal property" for the purposes of the PPSA
Nova Scotia Court of Appeal
CA 263525, 2006 NSCA 91
Appeal allowed in part only to change wording in order
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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