501191 N.B. Ltd. v. New Brunswick (Minister of Environment and Local Government), 2005 NBQB 215 (CanLII)

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

501191 N.B. Ltd. and Mr. Pischuiutta operated a construction and demolition debris disposal facility near Moncton, New Brunswick. After non-compliant activities at the facility were investigated by the Department of Environment and Local Government, the Department ordered the closure of the facility and also ordered the applicants to engage a professional engineer to prepare a Site Closure Plan. The applicants appealed to the Minister of Environment and Local Government, who dismissed their appeal. They then sought judicial review of the cancellation order and Ministerial decision to dismiss their appeal.

The Court determined that the appropriate standard by which to review the Minister’s decision was the standard of patent unreasonableness. After considering the history of the case and the relevant law and legal principles, the Court held that the cancellation order and subsequent decision to dismiss the appeal had not been patently unreasonable.

View the Decision on CanLII: www.canlii.org/en/nb/nbqb/doc/2005/2005nbqb215/2005nbqb215.html

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