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

Greenisle Environmental Inc. (“Greenisle”) had developed a considerable business selling used aluminum pop cans and beer cans to a recycling company in New Brunswick. Such cans were not available for purchase in Prince Edward Island, and PEI had no recycling program in which used cans could be exchanged for a partial refund on a deposit. By contrast, used cans could be exchanged at recycling facilities in New Brunswick for a refund of 5 cents per can.

When the Government of New Brunswick realized that Greenisle was importing millions of used cans from PEI into New Brunswick and collecting the deposit refunds, the Government notified redemption centres throughout the province that it was unlawful to pay refunds on cans for which no deposit was paid in New Brunswick. Greenisle then sought a Court declaration that its activities were lawful and not prohibited by New Brunswick’s Beverage Containers Act. Greenisle advised the Court that it was not applying for judicial review, although it believed that similar principles would apply to the Court’s decision.

After consideration, the Court held that Greenisle was for all intents and purposes requesting judicial review of the Government’s decision not to allow imported containers to be exchanged for refunds in New Brunswick. It held that the appropriate standard by which to review the decision was the standard of patent unreasonableness, and, after considering the purpose of the legislation and the Department of Environment and Local Government’s goal of maintaining an economically sustainable recycling program in the province, it held that the decision had not been patently unreasonable. Greenisle’s application was therefore dismissed.

When Greenisle appealed to the New Brunswick Court of Appeal, the Court affirmed the lower court’s decision and dismissed the appeal.

To read about this case in the New Brunswick Court of Queen's Bench, go to GreenIsle Environmental v. PNB, 2006 NBQB. 173 (CanLII).

View the Decision on CanLII: www.canlii.org/en/nb/nbca/doc/2007/2007nbca9/2007nbca9.html

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