Charlotte County Barristers' Society Inc. v. New Brunswick, (2015) 442 N.B.R.(2d) 375 (TD)

Judge:Morrison, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:November 04, 2015
Jurisdiction:New Brunswick
Citations:(2015), 442 N.B.R.(2d) 375 (TD);2015 NBQB 219
 
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Barristers Soc. v. N.B. (2015), 442 N.B.R.(2d) 375 (TD);

    442 R.N.-B.(2e) 375; 1155 A.P.R. 375

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2016] N.B.R.(2d) TBEd. JA.001

Renvoi temp.: [2016] N.B.R.(2d) TBEd. JA.001

Charlotte County Barristers' Society Inc. (applicant) v. Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Attorney General and the Minister of Justice (respondent)

(SJM/94/2015; 2015 NBQB 219; 2015 NBBR 219)

Indexed As: Charlotte County Barristers' Society Inc. v. New Brunswick

Répertorié: Charlotte County Barristers' Society Inc. v. New Brunswick

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Morrison, J.

November 5, 2015.

Summary:

Résumé:

In the March 31, 2015, budget and budget speech the Minister of Finance announced that it would be closing courthouses in St. Stephen and Grand Manan and merging their operations with the Saint John Law Courts. On September 30, 2015, the Charlotte County Barristers' Society filed an application for judicial review of the decision to close the courts pursuant to rule 69 of the Rules of Court. The Province of New Brunswick applied to have the application dismissed on the ground that it was not commenced within the three month time limit set out in rule 69.03.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application.

Administrative Law - Topic 3342

Judicial review - Practice - Limitation period - In the March 31, 2015, budget and budget speech the Minister of Finance announced that it would be closing courthouses in St. Stephen and Grand Manan - On September 30, 2015, the Charlotte County Barristers' Society applied for judicial review - On October 26, 2015, the Society received official notification of the date of the closure of the courts - The Province of New Brunswick moved to have the Society's application dismissed because it was not commenced within the three months of when the budget was tabled (i.e., the decision date) as required by rule 69.03 of the Rules of Court - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the Province's motion for dismissal - The application was not time barred - The court held that the date of decision for purposes of judicial review was October 26, 2015, when the Society received official notice - Newspaper articles were not sufficient to constitute formal public notification that met the test of completeness, precision and clarity.

Administrative Law - Topic 5261

Judicial review - Certiorari - Limitation period - General - [See Administrative Law - Topic 3342 ].

Administrative Law - Topic 5408

Judicial review - Certiorari - Practice - Application - Time for - [See Administrative Law - Topic 3342 ].

Limitation of Actions - Topic 207

Practice - Limitation period - Commencement of - [See Administrative Law - Topic 3342 ].

Cases Noticed:

Saint-Quentin (Town) v. New Brunswick (2015), 441 N.B.R.(2d) 168; 1152 A.P.R. 168; 2015 NBQB 210, refd to. [para. 6].

Krause et al. v. Canada et al., [1999] 2 F.C. 476; 236 N.R. 317 (F.C.A.), refd to. [para. 9].

New Brunswick et al. v. LeBlanc et al. (2012), 398 N.B.R.(2d) 83; 1032 A.P.R. 83; 2013 NBCA 9, refd to. [para. 12].

Mourant v. Sackville (Town) (2014), 423 N.B.R.(2d) 330; 1103 A.P.R. 330; 2014 NBCA 56, refd to. [para. 12].

Statutes Noticed:

Rules of Court (N.B.), rule 69.03 [para. 8].

Counsel:

Avocats:

D. Andrew Rouse and Jennifer L. Hanson, for the applicant;

William E. Gould, for the respondent.

This application was heard in Saint John, N.B., on October 28 and November 4, 2015, before Morrison, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following decision on November 5, 2015.

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