Oley v. Fredericton (City), 1983 CanLII 2958 (NB QB)

This case was heard in the New Brunswick Court of Queen's Bench.

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.

To read other decisions related to this case, go to Oley v. Fredericton (City), 1983 CanLII 2822 (NB CA) and Oley v. Fredericton (City), 1984 CanLII 50 (NB CA).

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/1983/1983canlii2958/1983canlii2958.html

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