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

The Minister of Environment chose not to grant Mr. Leblanc a permit to install a concrete retaining wall and other storm surge protections on his property, as the proposed developments threatened to harm the wetland area on Mr. Leblanc’s property. Mr. Leblanc then applied for judicial review of the Minister’s decision.

The Court held that the appropriate standard by which to review the Minister’s decision was the standard of patent unreasonableness. After considering the record, the Court held that the Minister’s decision had not been patently unreasonable, and it therefore dismissed Mr. Leblanc’s application.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2007/2007nbqb390/2007nbqb390.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.