The King v. British American Fish Corporation

The King v. British American Fish Corporation
Collection
Supreme Court Judgments
Date
1919-05-06
Report
(1919) 59 SCR 651
Judges
Davies, Louis Henry; Idington, John; Anglin, Francis Alexander; Mignault, Pierre-Basile; Masten
On appeal from
Canada
Subjects
Lease
Decision Content
Supreme Court of Canada
The King v. British American Fish Corporation, (1919) 59 S.C.R. 651
Date: 1919-05-06
The King v. British American Fish Corporation.
1919: March 25; 1919: May 6.
Present: Sir Louis Davies C.J. and Idington, Anglin and Mignault JJ. and Masten J. ad hoc.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA.
Lease—Fishing rights—Void option for renewal—Severance.
APPEAL from the judgment of the Exchequer Court of Canada[1], in favour of the plaintiff (respondent).
The respondent was given a lease for twenty-one years of fishing rights in the Nelson River and other waters with an option of renewal at the expiration of the term on fulfillment of certain conditions. After the rights under the lease were exercised for nine years respondent was notified by the Department of Marine and Fisheries that it was ultra vires and void ab initio and the fishing rights were withdrawn. In an action against the Crown for loss of the balance of the term it was conceded that the option for renewal was void and contended by the Crown that it vitiated the whole lease. The judgment of the Exchequer Court was that the option was severable and the lease good.
The Supreme Court of Canada heard counsel and reserved judgment. Later the judgment of the Exchequer Court was affirmed.
Appeal dismissed with costs.
C. C. Robinson for the appellant.
Anglin K.C. for the respondent.
[1] 18 Ex. C.R. 230; 44 D.L.R. 750.