• W. Schmidt v. Deputy Director, Fisheries

    Decision Date:
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    Third Party:


    Decision Date: September 21, 1993

    Panel: Linda Michaluk

    Mr. Hruby, an angling guide, promised to transfer 400 angler days to Mr. Schmidt, once Mr. Schmidt was able to acquire an angling guide spot. After a guide spot became available, Mr. Hruby refused to transfer the angler days. Although Mr. Hruby and Mr. Schmidt had earlier written to the Ministry of Environment requesting the transfer, this request was found to be invalid, since Mr. Hruby’s name was not notarised. The Deputy Director decided that he could not allow the transfer until Mr. Hruby agreed to it.

    Angler days are effectively personal property (personal possessions), and cannot be transferred without the owner’s consent. There may have been a private agreement between Mr. Hruby and the appellant, but issues related to contracts are considered by the courts, and not by the Board. The Deputy Director’s decision was affirmed.