Hall et al. v. New Brunswick et al., (2015) 443 N.B.R.(2d) 197 (CA)

JudgeLarlee, Deschênes and Richard, JJ.A.
CourtCourt of Appeal (New Brunswick)
Case DateSeptember 24, 2015
JurisdictionNew Brunswick
Citations(2015), 443 N.B.R.(2d) 197 (CA);2015 NBCA 71

Hall v. N.B. (2015), 443 N.B.R.(2d) 197 (CA);

    443 R.N.-B.(2e) 197; 1159 A.P.R. 197

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

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

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Temp. Cite: [2015] N.B.R.(2d) TBEd. NO.027

Renvoi temp.: [2015] N.B.R.(2d) TBEd. NO.027

Éric Hall and Services Hall ltée Hall Services Ltd. (appellants) v. Province of New Brunswick, as Represented by the Department of Agriculture, Aquaculture and Fisheries and the Department of Natural Resources (respondent)

(15-15-CA; 2015 NBCA 71)

Indexed As: Hall et al. v. New Brunswick et al.

Répertorié: Hall et al. v. New Brunswick et al.

New Brunswick Court of Appeal

Larlee, Deschênes and Richard, JJ.A.

November 19, 2015.

Summary:

Résumé:

The applicants were wild blueberry producers. In October 2010, they applied for a Crown lease which was never granted. In May 2014, the blueberry producers applied for judicial review with respect to their request, claiming that the Province violated its obligation of procedural fairness. The Province moved to dismiss the application, arguing that it was filed out of time. The blueberry producers moved for an extension of time to file the application.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported (2015), 432 N.B.R.(2d) 186; 1128 A.P.R. 186, dismissed the blueberry producers' motion. The court allowed the Province's motion and dismissed the application. The blueberry producers appealed.

The New Brunswick Court of Appeal dismissed the appeal.

Administrative Law - Topic 3342

Judicial review - Practice - Limitation period - The applicants were wild blueberry producers - In October 2010, they applied for a Crown lease which was never granted - The producers argued that a decision to reject their application was made on February 26, 2014 - On May 9, 2014, the producers applied for judicial review under rule 69 of the Rules of Court - The Province claimed that the application was not commenced within three months from when the decision was made, contrary to rule 69.03 - The producers requested an extension of time - The motions judge found that the decision was made with respect to the 2010 application well before February 26, 2014, and therefore the application was out of time - The producers appealed - The New Brunswick Court of Appeal dismissed the appeal - There was no palpable and overriding error.

Counsel:

Avocats:

Christian E. Michaud, Q.C., and Simon-Pierre Godbout, for the appellants;

Pierre R. Ouellette, for the respondent.

This appeal was heard on September 24, 2015, before Larlee, Deschênes and Richard, JJ.A., of the New Brunswick Court of Appeal. The following decision was delivered by the court, in both official languages, on November 19, 2015.

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2 practice notes
  • Laboratories C.O.P. Inc. v. New Brunswick College of Pharmacists,
    • Canada
    • Court of Appeal (New Brunswick)
    • November 26, 2020
    ...no “decision”, then there is nothing to judicially review. This Court dealt with a similar question in Hall v. Province of New Brunswick, 2015 NBCA 71, 443 N.B.R. (2d) 197, and again in Miramichi Lumber Products Inc. et al. v. Province of New Brunswick, as represented by the Department of E......
  • R. v. M.C., (2016) 378 Nfld. & P.E.I.R. 202 (NLPC)
    • Canada
    • Newfoundland and Labrador Newfoundland and Labrador Provincial Court (Canada)
    • January 4, 2016
    ...of deterrence and denunciation when a person under eighteen years of age is abused by an offender, as occurred here (see R. v. Snook , 2015 NBCA 71). Thus, when imposing sentence for an offence to which section 718.01 applies, the Court may still consider the rehabilitation of the offender,......
2 cases
  • Laboratories C.O.P. Inc. v. New Brunswick College of Pharmacists,
    • Canada
    • Court of Appeal (New Brunswick)
    • November 26, 2020
    ...no “decision”, then there is nothing to judicially review. This Court dealt with a similar question in Hall v. Province of New Brunswick, 2015 NBCA 71, 443 N.B.R. (2d) 197, and again in Miramichi Lumber Products Inc. et al. v. Province of New Brunswick, as represented by the Department of E......
  • R. v. M.C., (2016) 378 Nfld. & P.E.I.R. 202 (NLPC)
    • Canada
    • Newfoundland and Labrador Newfoundland and Labrador Provincial Court (Canada)
    • January 4, 2016
    ...of deterrence and denunciation when a person under eighteen years of age is abused by an offender, as occurred here (see R. v. Snook , 2015 NBCA 71). Thus, when imposing sentence for an offence to which section 718.01 applies, the Court may still consider the rehabilitation of the offender,......

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