Saint-Quentin (Town) v. New Brunswick, 2015 NBQB 210

• Judge: LaVigne, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 29, 2015
• Jurisdiction: New Brunswick
• Citations: 2015 NBQB 210;(2015), 441 N.B.R.(2d) 168 (TD)

Saint-Quentin v. N.B. (2015), 441 N.B.R.(2d) 168 (TD);

    441 R.N.-B.(2e) 168; 1152 A.P.R. 168

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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. NO.010

Renvoi temp.: [2015] N.B.R.(2d) TBEd. NO.010

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 NBBR 210; 2015 NBQB 210)

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.

October 27, 2015.

Summary:

Résumé:

On March 31, 2015, in the New Brunswick budget, the Minister of Finance announced the closure of the Town of Saint-Quentin Service New Brunswick office without providing a date. On June 2, 2015, the Minister of Government Services (Doherty) notified the Town that the closure date was July 31, 2015. On July 27, 2015, the Town applied for judicial review. The Town also moved for an interlocutory mandatory injunction to keep the centre open until the application was determined.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported 440 N.B.R.(2d) 205; 1148 A.P.R. 205, dismissed the motion for the interlocutory injunction. The Province and Service New Brunswick moved for summary dismissal of the judicial review application, claiming that it was filed beyond the three month-limitation period in rule 69.03. The Province argued that the decision complained of was made on March 31, 2015, whereas the Town submitted that it was complaining of the Minister's decision of June 2015.

The New Brunswick Court of Queen's Bench, Trial Division, concluded that the decision the Town was seeking to have quashed was the decision to close the Saint-Quentin office on July 31, 2015. Minister Doherty informed the Town of that decision on June 2, 2015. The application was, therefore, commenced within three months of the date of the decision complained of. The motion by the Province and Service New Brunswick was dismissed.

Administrative Law - Topic 3342

Judicial review - Practice - Limitation period - On March 31, 2015, the Minister of Finance announced in the Province of New Brunswick budget the closure of the Town of Saint-Quentin Service New Brunswick office without providing a date - On June 2, 2015, the Minister of Government Services notified the Town that the closure date was July 31, 2015 - On July 27, 2015, the Town applied for judicial review - The Province moved for summary dismissal of the judicial review application, claiming that it was filed beyond the three month-limitation period in rule 69.03 because the decision was made on March 31, 2015 - The New Brunswick Court of Queen's Bench, Trial Division, held that the limitation period started to run only once the government announced the implementation date for the decision (i.e., on June 2, 2015, when the government notified the Town of the closure date) - The closure date was an integral part of the complete decision - The limitation period ran from that date - Therefore, that decision was reviewable as the application was filed within the three month limitation period.

Administrative Law - Topic 5261

Judicial review - Certiorari - Limitation period - General - [See Administrative Law - Topic 3342 ].

Administrative Law - Topic 5408

Judicial review - Certiorari - Practice - Application - Time for - [See Administrative Law - Topic 3342 ].

Limitation of Actions - Topic 207

Practice - Limitation period - Commencement of - [See Administrative Law - Topic 3342 ].

Cases Noticed:

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. 6].

New Brunswick et al. v. LeBlanc et al. (2012), 398 N.B.R.(2d) 83; 1032 A.P.R. 83; 2013 NBCA 9, refd to. [para. 16].

Minister of Municipal Affairs v. Hache (1968), 1 N.B.R.(2d) 67 (C.A.), refd to. [para. 17].

Central Halifax Community Association v. Halifax (Regional Municipality) et al. (2007), 253 N.S.R.(2d) 203; 807 A.P.R. 203; 2007 NSCA 39, leave to appeal refused (2007), 379 N.R. 393; 267 N.S.R.(2d) 400; 853 A.P.R. 400 (S.C.C.), refd to. [para. 21].

Mourant v. Sackville (Town) (2014), 423 N.B.R.(2d) 330; 1103 A.P.R. 330; 2014 NBCA 56, refd to. [para. 22].

New Brunswick (Minister of Education) v. Kennedy et al., [2015] N.B.R.(2d) Uned. 72; 2015 NBCA 58, refd to. [para. 29].

Statutes Noticed:

Rules of Court (N.B.), rule 69.03 [para. 5].

Counsel:

Avocats:

Basile Chiasson, Q.C., and André Daigle, for the applicant;

Pierre Ouellette, for the respondents.

This matter was heard on September 29, 2015, before LaVigne, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Campbellton, who delivered the following decision on October 27, 2015.