This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

Debly Construction Ltd. had conducted longstanding business operations near a brook. In 1998, after the company’s operations were inspected, the Minister of Environment informed the company that it needed Ministerial approval to continue its operations. The Minister of Environment also ordered the company to alter and cease some of its operations until it obtained a watercourse alteration permit. The company requested an exemption, but its request was denied. It then took legal action, submitting an application for judicial review of the Ministerial Order.

In 2001, the Minister of Environment issued approvals for the company’s business operations. By then, the company’s business interests had been damaged, and so the company sued. The Court dismissed the company’s claims against the Minister of Environment and held that the Minister had acted properly and in good faith over the course of its dealings with the company.

View the Decision on CanLII: www.canlii.org/en/nb/nbqb/doc/2009/2009nbqb105/2009nbqb105.html

Disclaimer:
Case briefs in our Resource Library are drafted by law students who work or volunteer with East Coast Environmental Law, and East Coast Environmental Law does not guarantee their fullness or accuracy. Library users should not rely on case briefs as comprehensive accounts of the issues, facts, reasoning, or outcomes at stake in any given case. 

If you require more detailed information about a court decision or legal issue, please consider using our Environmental Law Inquiry Service to request information from our staff.