Oley v. Fredericton (City), 1984 CanLII 50 (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.
After the City of Fredericton enacted a third by-law to amend the section that the Court had quashed, the residents applied for another injunction and asked the Court to quash all three by-laws completely. When the New Brunswick Court of Queen’s Bench denied their application for an injunction and held that the by-laws should not be quashed, the residents appealed to the New Brunswick Court of Appeal. There, the Court affirmed the decision of the lower court, holding that the City was entitled to move forward with its plans.
To read earlier decisions related to this case, go to Oley v. Fredericton (City), 1983 CanLII 2958 (NB QB) and Oley v. Fredericton (City), 1983 CanLII 2822 (NB CA).
View the Decision on CanLII: https://www.canlii.org/en/nb/nbca/doc/1984/1984canlii50/1984canlii50.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.