Price (H.) v. Shediac (Town) and Poirier, (1992) 123 N.B.R.(2d) 291 (TD)

• Judge: Godin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 17, 1991
• Jurisdiction: New Brunswick
• Citations: (1992), 123 N.B.R.(2d) 291 (TD)

Price v. Shediac (1992), 123 N.B.R.(2d) 291 (TD);

    123 R.N.-B.(2e) 291; 310 A.P.R. 291

MLB headnote and full text

[French language version follows English language version]

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

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In The Matter Of An Application for Judicial Review Under Rule 69 of the Rules of Court

Henry Price (applicant) v. The Town of Shediac and J. Bernard Poirier, Chief of Police (respondents)

(M/M/273-91)

Indexed As: Price (H.) v. Shediac (Town) and Poirier

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Godin, J.

February 7, 1992.

Summary :

A police officer applied for an order pro­hibiting continuation of the Police Act pro­ceedings on the basis of issue estoppel.

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

Estoppel - Topic 386

Estoppel by record - Res judicata as a bar to subsequent proceedings - Issues decided in prior proceedings - A police officer was dismissed following an altercation with another officer - The dismissed officer grieved under a collective agreement - An arbitration board quashed the dismissal and reinstated the officer - The officer was then charged with an offence under the Police Act respecting the altercation - The New Brunswick Court of Queen's Bench, Trial Division, prohibited the continuation of the Police Act proceedings on the basis of issue estoppel.

Cases Noticed :

Angle v. Minister of National Revenue, [1975] 2 S.C.R. 248; 2 N.R. 397, refd to. [para. 8].

Saskatoon Credit Union Ltd. v. Central Park Enterprises Ltd. et al. (1988), 47 D.L.R.(4th) 431 (B.C.S.C.), refd to. [para. 14].

Newcastle v. Carter, Canadian Union of Public Employees, Local 1275 and In­dustrial Relations Board (N.B.) (1985), 61 N.B.R.(2d) 13; 158 A.P.R. 13 (Q.B.T.D.), refd to. [para. 15].

Statutes Noticed:

Industrial Relations Act, R.S.N.B. 1973, c. I-4, sect. 55(1) [para. 12].

Police Act, S.N.B. 1977, c. P-9.2, sect. 30(12) [para. 17].

Counsel:

Diane Bourque, for the applicant;

André Richard, for the respondents.

This application was heard on December 17, 1991, before Godin, J., of the New Brunswick Court of Queen's Bench, Trial Division, who delivered the following deci­sion on February 7, 1992.