Citizens Against Amalgamation Committee et al. v. New Brunswick (Minister of Mu­nicipalities, Culture and Housing), (1997) 195 N.B.R.(2d) 54 (TD)

• Judge: Higgins, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 10, 1997
• Jurisdiction: New Brunswick
• Citations: (1997), 195 N.B.R.(2d) 54 (TD)

Citizens Against Amalg. v. N.B. (1997), 195 N.B.R.(2d) 54 (TD);

    195 R.N.-B.(2e) 54; 499 A.P.R. 54

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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: [1997] N.B.R.(2d) TBEd. DE.032

Citizens Against Amalgamation Committee and Joseph Risk (applicants) v. Province of New Brunswick, as represented by Ann Breault, Minister for Municipalities, Culture and Housing (respondent)

(S/M/184/97)

Richard G. Likely (applicant) v. Province of New Brunswick, as represented by Ann Breault, Minister for Municipalities, Culture and Housing (respondent)

(S/M/189/97)

Indexed As: Citizens Against Amalgamation Committee et al. v. New Brunswick (Minister of Mu­nicipalities, Culture and Housing)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Higgins, J.

November 17, 1997.

Summary:

The applicants challenged the validity of Regulation 97-39 and Regulation 97-41, which amalgamated contiguous municipal­ities, specifically, the Village of Grand Bay with the Village of Westfield and the Town of Quispamsis with the Village of Gondola Point.

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

Municipal Law - Topic 8203

Dissolution of municipalities - What con­stitutes - The New Brunswick Court of Queen's Bench, Trial Division, held that, under the New Brunswick Municipalities Act, "... an 'amalgamation' is a fusion of two or more legal entities into a continued new union embodying the obligations, bylaws and assets of the former separate entities (municipalities) - and a 'dissolu­tion' is an end of a legal entity, leaving its assets, liabilities and obligations either in limbo or subject to an Act of the Legisla­ture or action by the dissolving body." - See paragraph 13.

Municipal Law - Topic 8403

Amalgamation - What constitutes - [See Municipal Law - Topic 8203 ].

Municipal Law - Topic 8403

Amalgamation - What constitutes - The applicants challenged the validity of two Regulations which amalgamated contigu­ous municipalities - The New Brunswick Court of Queen's Bench, Trial Division, dis­missed the applications - The munici­palities were amalgamated under s. 14(1)(b) of the Municipalities Act, not dissolved; thus, the Regulations did not violate s. 14(4) of the Act which required a special Act of the Legislature to dissolve a municipality - The Regulations were not ambiguous - Further, an application under the Rules of Court was not the proper forum to decide whether the Regulations were an improper and unreasonable exer­cise of legislative power and whether the amalgamations were forced against the will and consent of the citizens in question contrary to s. 2(d) of the Charter.

Municipal Law - Topic 8405

Amalgamation - Feasibility report - The applicants challenged the validity of Regu­lations which amalgamated contiguous municipalities, specifically, the Village of Grand Bay with the Village of Westfield and the Town of Quispamsis with the Village of Gondola Point - The applicants argued, inter alia, that s. 14(1) of the Municipalities Act, which required a feasi­bility study, was violated - The New Brunswick Court of Queen's Bench, Trial Division, rejected the argument - A feasi­bility study and report had already been carried out for the Greater Saint John Area, which encompassed the regions in issue - The report dealt reasonably with the options ultimately chosen and the Minister was not required to embark on a further feasibility study specifically focus­ing only on the regions in issue - See paragraphs 9, 16.

Words and Phrases

Amalgamation - The New Brunswick Court of Queen's Bench, Trial Division, discussed the meaning of this word as found in the Municipalities Act, R.S.N.B. 1973, c. M-22 - See paragraphs 13 to 15.

Words and Phrases

Dissolution - The New Brunswick Court of Queen's Bench, Trial Division, dis­cussed the meaning of this word as found in the Municipalities Act, R.S.N.B. 1973, c. M-22 - See paragraphs 13 to 15.

Words and Phrases

Feasibility report - The New Brunswick Court of Queen's Bench, Trial Division, discussed the meaning of this phrase as found in the Municipalities Act, R.S.N.B. 1973, c. M-22 - See paragraphs 13, 16.

Cases Noticed:

Godbout v. Longueuil (Ville) (1997), 219 N.R. 1 (S.C.C.), refd to. [para. 18].

P.E.I. Potato Marketing Board v. Willis (H.B.) Inc., [1952] S.C.R. 392, refd to. [para. 19].

MacDonald v. Apex Industries Ltd. and Key Mechanical Ltd. (1993), 126 N.B.R.(2d) 427; 317 A.P.R. 427 (C.A.), refd to. [para. 24].

Saint-Jacques (Village) et autre v. Nou­veau-Brunswick (Ministre des munici­palités de la culture et de l'habitation) (1997), 192 N.B.R.(2d) 141; 489 A.P.R. 141 (T.D.), dist. [para. 25].

Paul et al. v. Manitoba (Attorney General) (1990), 66 Man.R.(2d) 59; 72 D.L.R.(4th) 396 (Q.B.), consd. [para. 25].

Horne v. Horne Estate (1987), 21 O.A.C. 313; 8 R.F.L.(3d) 195 (C.A.), consd. [para. 25].

Pêcheries MPQ Ltée and Noel et al. v. Hache (Regional Director of the Depart­ment of Fisheries and Oceans for the Gulf of St. Lawrence) et al. (1986), 68 N.B.R.(2d) 240; 175 A.P.R. 240 (T.D.), consd. [para. 25].

Statutes Noticed:

Municipalities Act, R.S.N.B. 1973, sect. 14(1), sect. 14(4) [para. 10]; sect. 18 [para. 11].

Authors and Works Noticed:

Black's Law Dictionary (5th Ed.), gen­erally [para. 13].

Dukelow and Nuse, Dictionary of Cana­dian Law, generally [para. 13].

Yogis, John A., Canadian Law Dictionary, generally [para. 13].

Counsel:

Rodney J. Gillis, Q.C., for the applicants;

Gabriel Bourgeois, for the respondent.

These applications were heard on Novem­ber 10, 1997, by Higgins, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following judgment on Novem­ber 17, 1997.