Canadian Caselaw › Court of Appeal of New Brunswick
- L.P. v. Minister of Families and Children, 2019 NBCA 83
- Delorey v. R, 2019 NBCA 80
- Colon v. The Director, Business Corporations Act, Province of New Brunswick, and H. Michael Greer, 2019 NBCA 81
- Albert v. WorkSafe New Brunswick, 2019 NBCA 79
- Turpin v. R, 2019 NBCA 78
- Shephard v. R, 2019 NBCA 76
- Workplace Health, Safety and Compensation Commission v. Workers’ Compensation Appeals Tribunal, MacNeill and the United Church Home for Senior Citizens, Inc., doing business as Drew Nursing Home, 2019 NBCA 26
- M.B. v. L.B., 2019 NBCA 75
- Algee et al. v. The Architects’ Association of New Brunswick, 2019 NBCA 74
- Vautour v. Workplace Health, Safety and Compensation Commission, 2019 NBCA 82
- Russell et al. v. Northumberland Co-Operative Limited, 2019 NBCA 70
- Petrie v. R., 2019 NBCA 71
- D.G. v. M.G., 2019 NBCA 69
S.G. and E.S. v. Minister of Families and Children, 2019 NBCA 66
 Dans la présente affaire de tutelle, la juge saisie de la requête a reconnu, au moment de conclure ses motifs, que la mère (S.G.) [TRADUCTION] « aime sa fille et souhaite véritablement s’occuper d’elle ». Malheureusement, ainsi que la juge l’a aussi reconnu au procès, ce n’est pas toujours suffisant. Elle a ajouté que, [TRADUCTION] « lorsqu’il y a conflit...
Streatch v. R., 2019 NBCA 68
 The victim in this case left his apartment one morning and was making his way down a set of stairs in his building when he was confronted by another tenant, falsely accused of being excessively noisy, physically accosted, threatened at knifepoint with death, and then beaten severely. The appellant, Trevor Streatch, was arrested and charged almost...
- LeBlanc v. R., 2019 NBCA 65
R. v. Brown, 2019 NBCA 67
 The application for leave to appeal the decision of the Summary Conviction Appeal Court, reported at 2017 NBQB 188,  N.B.J. No. 284 (QL), is dismissed. In doing so, we join the Summary Conviction Appeal Court judge’s condemnation of any practice in the Provincial Court pursuant to which sentencing judges might unilaterally change an...
L.S. v. M.S., 2019 NBCA 64
 The father appeals from a decision rendered under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), granting him access, which he considers far too limited, to the younger of his two daughters. For the purposes of this appeal, this access alone is in dispute. At the time of trial, the daughter was almost 11 years old. In these reasons, I refer to...
- Robson v. Canadian Union of Public Employees, Local 3339, 2019 NBCA 55
AYANGMA v. UNIVERSITÉ DE MONCTON, CAMPUS DE MONCTON, 2019 NBCA 22-19-CA
 Noël Ayangma has appealed two decisions – both dated February 13, 2019 – issued by a judge of the Court of Queen’s Bench in two separate matters. The first concerns an action Mr. Ayangma commenced against the Université de Moncton (U de M), and the second an application for judicial review in the matter of a grievance, naming as respondents both the U de M...
Logan v. R., 2019 NBCA 34
 A judge of the Provincial Court convicted Kevin Logan of accessing child pornography, which behaviour is proscribed by s. 163.1(4.1)(a) of the Criminal Code. For this offence, Mr. Logan was sentenced to the minimum term of imprisonment of one year. The offence stems from the police seizure of three devices owned or possessed by Mr. Logan. Expert...
Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Attorney General for the Province of New Brunswick v. New Brunswick Council of Nursing Home Unions (CUPE) et al., 2019 NBCA 33
 The appeal is allowed with reasons to follow. A stay of proceedings of the New Brunswick Labour and Employment Board’s decision dated December 7, 2018 (the “NBLEB Decision”), and subsequent Order dated March 6, 2019, is granted pending disposition of the Application for Judicial Review of the NBLEB Decision filed by the Appellant in the Judicial District of...
Browne v. Robertson, 2019 NBCA 35
 On July 23, 2015, James Browne filed a Notice of Appeal seeking to have a decision of the Court of Queen’s Bench dated June 26, 2015, overturned. On his Notice of Appeal, Mr. Brown indicated his address, phone number and email address.
R. v. Diblawe, 2019 NBCA 22
 The appeal is allowed, the acquital is set aside and a new trial is ordered. Reasons for decision will follow.
Takri v. R., 2019 NBCA 20
 Serge Takri a subi un procès sur un chef de voies de fait (art. 266 du Code criminel) devant une juge de la Cour provinciale et a été déclaré coupable. Il interjette appel de sa déclaration de culpabilité.
Vail v. R., 2019 NBCA 18
 A Provincial Court judge found Kenneth Leslie Vail guilty of indictable theft and fraud exceeding five thousand dollars (ss. 334(a) and 380(1)(a) of the Criminal Code). The theft conviction was judicially stayed. The trial judge sentenced Mr. Vail on the fraud charge to six months’ custody and restitution in the amount of $6,937.32. Mr. Vail appeals his...
Goyetche et al. v. International Union of Operating Engineers et al., 2019 NBCA 16
 On August 4, 2005, Smurfit-Stone Container Canada Inc. closed its pulp mill in Bathurst, New Brunswick and, as a result, the appellants, all of whom were mill employees, lost their jobs. Smurfit-Stone informed the appellants and their Local Unions that the closure was permanent. Each employee subsequently received the benefits, including severance pay and
- Ayangma v. Université de Moncton, Moncton Campus, 2019 NBCA 72
- Ayangma v. Université de Moncton, Moncton Campus et al., 2019 NBCA 73
Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Minister of Education and Early Childhood Development v. Henrie et al., 2018 NBCA 69
 The right to education in French in separate schools was hard‑won in New Brunswick, and the quality of this education is a constant concern for parents who want to see their children and their community fully benefit from it. The same goes for teachers and other individuals responsible for the quality of this education, including the...