Riverview (Town) v. Charlebois, (2015) 437 N.B.R.(2d) 111 (CA)

• Judge: Drapeau, C.J.N.B., Larlee and Quigg, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 26, 2015
• Jurisdiction: New Brunswick
• Citations: (2015), 437 N.B.R.(2d) 111 (CA);2015 NBCA 45

Riverview v. Charlebois (2015), 437 N.B.R.(2d) 111 (CA);

    437 R.N.-B.(2e) 111; 1140 A.P.R. 111

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. JL.019

Renvoi temp.: [2015] N.B.R.(2d) TBEd. JL.019

Mario Charlebois (appellant) v. Town of Riverview (respondent) and Attorney General of New Brunswick (respondent)

(88-14-CA; 2015 NBCA 45)

Indexed As: Riverview (Town) v. Charlebois

Répertorié: Riverview (Town) v. Charlebois

New Brunswick Court of Appeal

Drapeau, C.J.N.B., Larlee and Quigg, JJ.A.

May 26, 2015.

Summary:

Résumé:

The town of Riverview filed a notice of application, seeking the defendants' compliance with a municipal bylaw. Riverview used Form 16D, as required under rule 16.04 of the Rules of Court. The form was bilingual, but the applicant was able to choose the language it wanted to use. Riverview chose to fill out the form in English. Asserting that Riverview was an "institution" as defined in the Official Languages Act and, therefore, ought to be compelled to use both official languages in its notice of application, the defendants moved for a declaration that Form 16D was invalid and unavailable for use by Riverview. The defendants also asserted that Riverview was required to provide its bylaws in both official languages and moved for a declaration that Riverview's building and zoning bylaws were invalid and an order requiring Riverview to provide its building and zoning bylaws in both official languages.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at (2014), 421 N.B.R.(2d) 292; 1094 A.P.R. 292, denied the motion. The defendant applied for leave to appeal.

The New Brunswick Court of Appeal, per Bell, J.A., in a decision reported at [2014] N.B.R.(2d) Uned. 91, granted leave to appeal on the single issue of whether the municipal bylaw in question was to be declared invalid and/or that Riverview was to proceed with the reading and adoption of the bylaw in both official languages.

The New Brunswick Court of Appeal dismissed the appeal.

Municipal Law - Topic 3228

Bylaws - Form and content - Language - The town of Riverview filed a notice of application, seeking the defendant's compliance with a municipal bylaw - Asserting that Riverview was an "institution" as defined in the Official Languages Act and, therefore, was required to provide its bylaws in both official languages, the defendant moved for a declaration that Riverview's building and zoning bylaws were invalid and an order requiring Riverview to provide its building and zoning bylaws in both official languages - The motion was denied on the basis that Riverview was not contravening the Act by providing its bylaws and resolutions only in the English language - The court specifically stated that the question of the Act's constitutionality was not in issue - Leave to appeal was granted on the single, non-constitutional issue - The New Brunswick Court of Appeal dismissed the appeal - The only pertinent questions were (1) whether there were any non-constitutional reasons to invalidate Riverview's zoning and building bylaws and/or to require it to adopt and publish those laws in both official languages and (2) what were those reasons and were they raised in accordance with the Rules of Court - The negative answer to the second question disposed of the appeal - The defendant had not raised any non-constitutional grounds that might arguably justify the relief for which leave to appeal was granted - The notice of appeal did not raise any non-constitutional grounds in support of the relief pursued at this stage - The defendant had not sought to amend his notice of appeal - Consequently, he could not rely on a non-constitutional ground to justify the relief sought - The defendant persisted in asserting only Charter-based grounds - The appeal lacked merit.

Practice - Topic 8

General principles and definitions - Effect of noncompliance with the rules - [See Municipal Law - Topic 3228 ].

Practice - Topic 8999

Appeals - Notice of appeal - General - [See Municipal Law - Topic 3228 ].

Practice - Topic 9013

Appeals - Restrictions on argument on appeal - Grounds limited by order granting leave to appeal - [See Municipal Law - Topic 3228 ].

Cases Noticed:

Creston Moly Corp. v. Sattva Capital Corp., [2014] 2 S.C.R. 633; 461 N.R. 335; 2014 SCC 53, refd to. [para. 17].

Tamil Co-operative Homes Inc. v. Arulappah (2000), 162 O.A.C. 356 (C.A.), refd to. [para. 17].

Smith v. Human Rights Commission (N.B.) et al. (1999), 217 N.B.R.(2d) 336; 555 A.P.R. 336 (C.A.), refd to. [para. 21].

Tower v. Foulkes (2015), 436 N.B.R.(2d) 325; 1139 A.P.R. 325; 2015 NBCA 29, refd to. [para. 21].

Newman v. Tibbetts (2005), 283 N.B.R.(2d) 63; 740 A.P.R. 63; 2005 NBCA 37, refd to. [para. 21].

Higgins Estate v. Arseneau (2014), 425 N.B.R.(2d) 109; 1107 A.P.R. 109; 2014 NBCA 65, refd to. [para. 21].

Trifidus Inc. v. Samgo Innovations Inc. et al. (2011), 375 N.B.R.(2d) 141; 969 A.P.R. 141; 2011 NBCA 59, refd to. [para. 21].

Counsel:

Avocats:

Mario Charlebois, appeared in person;

Benoit Arsenault, for the respondent, Town of Riverview;

André Richard, Q.C., for the respondent, Attorney General of New Brunswick.

This appeal was heard and judgment was rendered on May 26, 2015, by Drapeau, C.J.N.B., Larlee and Quigg, JJ.A., of the New Brunswick Court of Appeal. On July 16, 2015, Drapeau, C.J.N.B., delivered the following reasons for judgment for the court in both official languages.