Percy E. Jones & Sons v. New Brunswick (AG) et al., 2011 NBQB 87 (CanLII

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

After Percy E. Jones & Sons applied for a license to operate a rock quarry in the Fredericton area, the Department of Environment rejected the application, stating that the proposed site of the quarry was close to a residential neighbourhood that had not yet found a potable water source and the Department was unwilling to risk harming any areas that might eventually supply potable water to the community. The company appealed the decision to the Minister of Environment, who dismissed the appeal. The company then applied for judicial review.

The quarry company did not suggest that the Minister’s decision was unreasonable or incorrect; instead, it argued that the decision was procedurally unfair. After reviewing the history of the case and noting that the Minister’s decision was supported by scientific evidence and that the company had been given opportunities to submit relevant materials to the Department, the Court held that the Minister’s decision was not unfair.

The company also argued that the Minister’s decision violated the company’s rights under the Canadian Charter of Rights and Freedoms (1982), but the Court held that the rights in question could not be held by corporations.

For these reasons, the Court dismissed the company’s application for judicial review.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2011/2011nbqb87/2011nbqb87.html

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