Saint-Quentin (Town) v. New Brunswick, (2015) 440 N.B.R.(2d) 205 (TD)

• Judge: LaVigne, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: August 07, 2015
• Jurisdiction: New Brunswick
• Citations: (2015), 440 N.B.R.(2d) 205 (TD);2015 NBQB 169

Saint-Quentin v. N.B. (2015), 440 N.B.R.(2d) 205 (TD);

    440 R.N.-B.(2e) 205; 1148 A.P.R. 205

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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. OC.001

Renvoi temp.: [2015] N.B.R.(2d) TBEd. OC.001

Saint-Quentin, a municipality pursuant to Reg. 85-6 enacted under the Municipalities Act, R.S.N.B. 1973, c. M-22 (applicant) v. Her Majesty The Queen in Right of the Province of New Brunswick, represented by the Minister of Government Services and Service New Brunswick and Service New Brunswick (respondents)

(C/M/16/2015; 2015 NBQB 169; 2015 NBBR 169)

Indexed As: Saint-Quentin (Town) v. New Brunswick

Répertorié: Saint-Quentin (Town) v. New Brunswick

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Campbellton

LaVigne, J.

August 12, 2015.

Summary:

Résumé:

On July 31, 2015, the Province of New Brunswick closed the Service New Brunswick service centre in the Town of Saint-Quentin. The Town applied for judicial review and moved for an interlocutory mandatory injunction compelling the Province to reopen the centre until the application was determined.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the motion for the interlocutory injunction.

Administrative Law - Topic 8268

Administrative powers - Discretionary powers - Judicial review - The New Brunswick Court of Queen's Bench, Trial Division, stated that the courts should be circumspect when asked to make a decision that would strip a ministerial decision of its effect - Absent exceptional circumstances, the courts should show deference for ministerial decisions, which should be obeyed unless and until they are quashed - See paragraph 45.

Crown - Topic 4446

Actions by and against Crown in right of a province - Proceedings against the Crown Acts - Injunctive relief - The New Brunswick Court of Queen's Bench, Trial Division, stated that ss. 14(2) and (4) of the Proceedings Against the Crown Act precluded an injunction from being issued against the Province or any of its representatives - However, the court noted that there were exceptions to that rule - See paragraphs 71 to 73.

Injunctions - Topic 789

Granting an injunction - Persons against whom an injunction will be granted - Crown - General - [See Crown - Topic 4446 ].

Injunctions - Topic 791

Granting an injunction - Persons against whom an injunction will be granted - Crown - Ministers of - [See Crown - Topic 4446 ].

Injunctions - Topic 1607

Interlocutory or interim injunctions - General principles - Requirement of strong prima facie case or appearance of right - [See both Injunctions - Topic 2309 ].

Injunctions - Topic 1610

Interlocutory or interim injunctions - General principles - Circumstances when injunction will not be granted - [See second Injunctions - Topic 2309 ].

Injunctions - Topic 1616

Interlocutory or interim injunctions - General principles - Arguable issues of law involved or serious question to be tried - [See both Injunctions - Topic 2309 ].

Injunctions - Topic 1883

Interlocutory or interim injunctions - Evidence and proof - Burden of proof on application for - [See first Injunctions - Topic 2309 ].

Injunctions - Topic 2309

Mandatory injunctions - Interim or interlocutory mandatory injunctions - The New Brunswick Court of Queen's Bench, Trial Division, noted that the threshold for establishing that there was a serious question to be tried was higher for a mandatory injunction than for a prohibitory injunction - The applicant had to establish that it had a "strong prima facie case" or "excellent prospects of success" - The court also discussed the burden of proof or the threshold that had to be met in order to obtain an interlocutory mandatory injunction - See paragraphs 26 to 30.

Injunctions - Topic 2309

Mandatory injunctions - Interim or interlocutory mandatory injunctions - The Province of New Brunswick closed the Service New Brunswick service centre in the Town of Saint-Quentin - The Town applied for judicial review and moved for an interlocutory mandatory injunction compelling the Province to reopen the centre until the application was determined - The Town argued that the Province breached constitutional duties and was contrary to both the Charter and Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick - The New Brunswick Court of Queen's Bench, Trial Division, declined to grant the injunction - The Town failed to meet its burden of proof for obtaining an injunction (i.e., it failed to establish that there was a serious issue to be tried - the first part of the RJR-MacDonald test) - The court stated even if the test for an injunction had been met, the general rule precluding an interlocutory injunction against the Crown applied - See paragraphs 15 to 75.

Cases Noticed:

Caraquet (Town) et al. v. Nouveau-Brunswick (Ministre de la Santé et du Mieux-être) (2005), 294 N.B.R.(2d) 202; 765 A.P.R. 202; 2005 NBQB 358, refd to. [para. 19].

RJR-MacDonald Inc. et Imperial Tobacco Ltd. v. Canada (Procureur général), [1994] 1 S.C.R. 311; 164 N.R. 1; 60 Q.A.C. 241, refd to. [para. 20].

American Cyanamid Co. v. Ethicon Ltd., [1975] A.C. 396 (H.L.), refd to. [para. 20].

Metropolitan Stores (MTS) Ltd. v. Manitoba Food and Commercial Workers, Local 832 and Labour Board (Man.), [1987] 1 S.C.R. 110; 73 N.R. 341; 46 Man.R.(2d) 241, refd to. [para. 20].

New Brunswick Federation of Snowmobile Clubs Inc. et al. v. New Brunswick All-Terrain Vehicle Federation Inc. et al. (2006), 297 N.B.R.(2d) 125; 771 A.P.R. 125; 2006 CarswellNB 216; 2006 NBQB 136, refd to. [para. 28].

SWN Resources Canada Inc. v. Claire et al. (2013), 411 N.B.R.(2d) 239; 1069 A.P.R. 239; 2013 NBQB 328, refd to. [para. 28].

Charlebois v. Moncton (City) (2001), 242 N.B.R.(2d) 259; 628 A.P.R. 259; 2001 NBCA 117, refd to. [para. 40].

Mr. Shredding Waste Management Ltd. v. New Brunswick (Minister of Environment and Local Government) (2003), 264 N.B.R.(2d) 323; 691 A.P.R. 323; 2003 NBQB 243, affd. (2004), 274 N.B.R.(2d) 340; 718 A.P.R. 340; 2004 NBCA 69, refd to. [para. 44].

Première nation de Buctouche v. Nouveau-Brunswick - see/voir Simon et al. v. New Brunswick et al.

Buctouche First Nation v. New Brunswick - see/voir Simon et al. v. New Brunswick et al.

Simon et al. v. New Brunswick et al. (2014), 426 N.B.R.(2d) 304; 1110 A.P.R. 304; 2014 CarswellNB 484 (C.A.), refd to. [para. 53].

Loomis et al. v. Ontario (Minister of Agriculture and Food) (1993), 16 O.R.(3d) 188 (Div. Ct.), refd to. [para. 72].

Summerside Seafood Supreme Inc. v. Prince Edward Island (Minister of Fisheries, Aquaculture and Environment) et al. (2004), 243 Nfld. & P.E.I.R. 121; 721 A.P.R. 121; 2004 PESCTD 68, refd to. [para. 73].

Statutes Noticed:

An Act Recognizing the Two Official Linguistic Communities in New Brunswick - see Equality of the Two Official Linguistic Communities in New Brunswick, An Act Recognizing the.

Canadian Charter of Rights and Freedoms, 1982, sect. 16(2) [para. 32].

Equality of the Two Official Linguistic Communities in New Brunswick, An Act Recognizing the, R.S.N.B. 2011, c. 198, sect. 3 [para. 1].

Proceedings Against the Crown Act, R.S.N.B. 1973, c. P-18, sect. 14(2), sect. 14(4) [para. 71].

Recognizing the Two Official Linguistic Communities in New Brunswick, An Act - see Equality of the Two Official Linguistic Communities in New Brunswick, An Act Recognizing the.

Authors and Works Noticed:

Berryman, J., Essentials of Canadian Law: The Law of Equitable Remedies (2000), p. 41 [para. 29].

Counsel:

Avocats:

Basile Chiasson, Q.C., for the applicant;

Pierre Ouellette, for the respondents.

This matter was heard on August 7, 2015, before LaVigne, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Campbellton, who delivered the following decision orally on August 12, 2015.