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.
Independent Fisheries Ltd. 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. in November 2024. 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 Chinese Canadian ownership structure has been called into question,” Mao said in an email to The Canadian Press. “We are optimistic that the Court of Appeal will agree that the claims made against us do not comply with legal requirements for lawsuits. We vehemently deny any allegations of wrongdoing and look forward to being vindicated through the legal process.”
The alliance argues in court submissions that Mao and International Fisheries are trying to delay litigation with repeated demands for more information. It notes no defence has been filed as the case approaches its two-year anniversary.
The alliance says the details Mao is seeking aren’t necessary at this point, and says it appears likely that Mao and Independent Fisheries are trying to determine the extent of the evidence before submitting a defence.
Michel Samson, a lawyer representing the alliance, called on Mao and Independent Fisheries to file a defence so it could present its evidence to the court.
“We filed the action in November, 2024 and have faced delay tactics from Independent and Mao ever since,” he wrote.
A representative for Fisher Direct and Seawell did not respond to a request for comment.
It’s not the only case the alliance is pursuing involving St. Mary’s Bay lobster. In 2024 the group asked the Nova Scotia Supreme Court to rule that members of the Sipekne’katik First Nation do not have a treaty right to fish lobster in the area out of season without commercial licenses. Sipekne’katik first announced plans to launch its own self-regulated fishery in 2020.
The alliance claimed in court documents that Sipekne’katik’s commercial fishery was unauthorized and unlawful. It alleged the fishery had a detrimental effect on lobster stocks, claiming some fishers were forced to sell their licenses or fish in other areas.
It wanted the judge to declare that the federal Fisheries Act and regulations are constitutionally valid and do not violate any treaty rights held by Sipekne’katik. The case was dismissed last month with the court ruling the alliance did not have standing to pursue a case involving Indigenous fishing rights.
The group said it plans to appeal that decision.
This report by The Canadian Press was first published Sept. 21, 2026.
