Molaison v. Canada
T-1181-86
Joyal J.
22/12/93
20 pp.
Action for damages for financial loss sustained by plaintiff as result of decision by Fisheries and Oceans Canada refusing to grant him fishing licence -- Plaintiff Canadian citizen engaged in occupation of "fisherman" in Gaspé for many years -- On May 23, 1984 purchased equipment and fishing boat of Eddy Morin -- On same date applied for licences held by Mr. Morin in his own name -- Fisheries and Oceans Canada refused to grant licences on ground plaintiff did not meet residence criteria applicable to fishing zone 10-D-1 -- Latter subsequently received temporary permit for lobster fishing -- Question whether defendant right, through her servant, to refuse to transfer fishing licence to plaintiff, and if not, as to damages sustained-Fisheries Act, s. 7 giving Minister of Fisheries and Oceans absolute power to grant fishing licences -- Plaintiff's periods of residence in Douglastown, located in fisheries zone 10-D-1, relatively short, whereas usual residence or domicile located in Matane -- "Residence" and "domicile" to be distinguished -- Person can only have one domicile but may have several residences-"Domicile" question of fact and law in which person's intent may be of some importance in determining status -- Official's decision on this point not prima facie wrong -- Granting to plaintiff of temporary licence for lobster fishing indication conditions on which licence granted confused, especially as regards lobster fishing licences -- If plaintiff sustained damage through loss of income from fishing due to two-week delay, loss not attributable to defendant who has complete discretion in granting licences under Act, s. 7 -- Plaintiff did not establish right to transfer of licence, denial of which could otherwise open door to claim for damages -- Action dismissed -- Fisheries Act, R.S.C., 1985, c. F-14, s. 7.