B.C. COURT OF APPEAL
REASONS FOR JUDGMENT
ABORIGINAL 2001
- 2001
BCCA 719 Native Citizens Fisheries Ltd. v. Walkus
Native Citizens Fisheries (NCF) appealed from the decision of a trial judge dismissing
its claim for rescission of agreements entered into with James Walkus (Walkus) in 1983 and
1985 with respect to herring roe licences originally leased and then "sold" to
Walkus. Walkus cross-appealed with respect to costs. Held: The appeal is dismissed since
NCF had not established any basis in law for setting aside the agreements. The
cross-appeal is allowed since the trial judge failed to give Walkus an opportunity to
argue that it was entitled to special or increased costs.