N.S. seafood processor wants accuser to name names in $10-million lobster lawsuit

HALIFAX — A Nova Scotia seafood processor is arguing that a commercial fishing group suing it over claims it bought illegal lobster needs to name names and provide more detailed allegations before the case can continue. and its president, Xiaoming (Mark) Mao, argue in court papers that they’re being asked to prepare a defence to the $10-million lawsuit “with no understanding of the (alleged) facts.” The Unified Fisheries Conservation Alliance, a group representing thousands of independent, multi-species commercial fishers and associations across the Maritimes, filed a lawsuit against Mao and Independent Fisheries Ltd. The suit also names the owners and operators of Fisher Direct Ltd.

and Seawell Holdings Ltd., both based in Shag Harbour, N.S., as defendants. The alliance alleges it conducted an investigation revealing the defendants participated in a conspiracy to transport, process and sell illegally caught lobster. It claimed the alleged scheme has diminished lobster stocks in St.

Mary’s Bay, a rich fishing ground in southwestern Nova Scotia which its members rely on, and caused them $10 million in damages. Independent Fisheries and Mao argued the alliance’s claims were too vague and asked the court to compel it to disclose the identities of all lobster harvesters who were allegedly harmed, as well as the names of all alleged conspirators, dates and times of their alleged acts and facts supporting Mao’s liability. They argued they needed the information to properly prepare their defence.

A judge dismissed the motion in January saying Mao and his company would have opportunities for disclosure and discovery examinations as the case moved ahead. The judge said it would be unreasonable to “straitjacket” the alliance by insisting it includes material facts “which are likely to be exclusively with the knowledge of the defendants.” Mao and Independent Fisheries are now appealing that decision, claiming the judge erred in law and principle and “inflicted a patent injustice.” A court hearing was held on the matter last week but there hasn’t been a ruling yet. In an email, Mao said Independent Fisheries employs more than 80 people, is regularly inspected and is in full compliance with all provincial and federal regulations.

“In a province that has welcomed newcomers for generations, it is deeply disappointing that our C…