Brigeo, Re, (1982) 41 N.B.R.(2d) 535 (TD)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 26, 1982
• Jurisdiction: New Brunswick
• Citations: (1982), 41 N.B.R.(2d) 535 (TD)

Brigeo, Re (1982), 41 N.B.R.(2d) 535 (TD);

    41 R.N.-B.(2e) 535; 107 A.P.R. 535

MLB headnote and full text

Sommaire et texte intégral

Re Brigeo

Indexed As: Brigeo, Re

Répertorié: Brigeo, Re

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Fredericton

Stevenson, J.

May 26, 1982.

Summary:

Résumé:

A chief of police cancelled several taxi cab licences pursuant to a municipal bylaw respecting the licensing of taxi owners and operators, on the ground that the licencee failed to keep the vehicles insured. The licencee applied for certiorari to quash the cancellation.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the application, on the ground that there was no authority in the bylaw to cancel taxi licences for non-insurance of vehicles.

Municipal Law - Topic 3770

Bylaws - Scope of - Licencing bylaw - The New Brunswick Court of Queen's Bench, Trial Division, held that a municipal bylaw governing the licensing of taxi owners and operators did not authorize the cancellation of taxi licences on the ground that the licencee failed to keep the vehicles insured - See paragraphs 3 to 12.

Statutes Noticed:

Municipalities Act, R.S.N.B. 1973, c. M-22, sect. 112 [para. 8].

Counsel:

Eric Teed, Q.C., for the applicant;

James R. Moase and Charles S. Shannon, for Chief Gordon M. Carlisle.

This application was heard before STEVENSON, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Fredericton. The decision of STEVENSON, J., was delivered orally on May 26, 1982.