MacKay v. Canada
T-1576-90
Pilon Ref.
21/1/93
12 pp.
Reference to determine value of seized fish -- Plaintiff contesting $0.75 per pound paid by Crown for seized tuna -- Evidence relative to condition of fish and to provisions of contract between Crown and company purchasing seized fish not considered in determining value of seized fish -- Findings based upon actual sale price obtained for fish in Japan as accurate indicator of overall quality of fish -- $6 per pound cost of shipping tuna to Japan in 1989 also relevant -- Since plaintiff's fish sold for price below shipping costs not entitled to further compensation -- Alantic Fishery Regulations, 1985, SOR/86-21, s. 33(2) -- Fisheries Act, R.S.C., 1985, c. F-14, s. 71.
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