Oley v. Fredericton (City), 1983 CanLII 2822 (NB CA)

This case was heard in the New Brunswick Court of Appeal.

Residents of the City of Fredericton opposed two by-laws that the City had enacted. The by-laws altered the land-use designations of certain areas of the city, making it possible for sewage lagoons to be constructed and operated in those areas. The residents argued that the by-laws were contrary to the Municipal Plan for the City of Fredericton and were illegal under the provincial Community Planning Act, and they asked the Court to quash the by-laws and order an injunction to stop the construction work that had already begun.

After considering the relevant law and legal principles, the Court held that one of the sections of one of the newly-enacted by-laws was inconsistent with the Community Planning Act. The Court therefore quashed that section, and it granted the injunction that the residents had requested.

When the Court awarded the injunction, it was unaware that halting the construction activities could create negative consequences for a nearby watercourse if certain protections were not put in place. When the City brought this to the Court’s attention, the Court amended the injunction so as to allow the City to carry out certain protective measures on the construction site. The residents who had secured the injunction objected to the amendments and argued that the Court should approve less invasive protection measures instead. When the matter came before the New Brunswick Court of Appeal, the Court upheld the amendments that had been granted by the lower court, as the suggestions put forward by the residents were less certain to be effective.

To read other decisions related to this case, go to Oley v. Fredericton (City), 1983 CanLII 2958 (NB QB) and Oley v. Fredericton (City), 1984 CanLII 50 (NB CA).

View the Decision on CanLII: https://www.canlii.org/en/nb/nbca/doc/1983/1983canlii2822/1983canlii2822.html

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