New Brunswick (Attorney General) ex rel. University of New Brunswick v. Fredericton (City), [1966] N.B. Law News No. 69 (QB)

• Judge: Ritchie, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 08, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 69 (QB)

N.B. (A.G.) v. Fredericton, [1966] N.B. Law News No. 69 (QB)

MLB Law News

Her Majesty's Attorney General for the Province of New Brunswick, at and by the Relation of the University of New Brunswick and the University of New Brunswick (plaintiffs) v. The City of Fredericton (defendant)

(Archives RS48/1965/545)

Indexed As: New Brunswick (Attorney General) ex rel. University of New Brunswick v. Fredericton (City)

New Brunswick Supreme Court

Queen's Bench Division

Ritchie, J.

September 8, 1966.

Summary:

A deed of dedication purporting to grant certain land to defendant was set aside as null and void. Approval of the conveyance of Lieutenant-Governor in Council is required by University of New Brunswick Act, 1952, Acts of Assembly, Ch. 14 and such approval is a condition precedent to the disposal of any University real estate. Section 11 of the U.N.B. Act imposes on the University a duty not to sell or dispose of any part of portion of the real estate vested in it in fee simple unless the Senate first determines the sale or disposal to be advisable and the Lieutenant-Governor in Council has approved of the transaction. Without such determination and approval, any sale or disposition of any University land is unlawful. A statutory duty imposed on the University cannot be defeated by the execution of a conveyance without strict compliance with statutory requirements. The submission of estoppel was not accepted as that would have the effect of repealing section 11 of the U.N.B. Act. See Maritime General Electric Co. v. General Dairies Ltd. (1937), 1 D.L.R. 609.

Education - Topic 4095

Universities - Powers - Disposition or sale of land - See paragraphs 1 to 59.

Counsel:

Donald M. Gillis, Q.C. (Gilbert, McGloan & Gillis), for the plaintiffs;

Ronald C. Stevenson, for the defendant.

This case was heard before Ritchie, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on September 8, 1966.