Case information
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40684
Association des juristes d’expression française du Nouveau-Brunswick v. Commissioner of Official Languages for New Brunswick, et al.
(New Brunswick) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-11-03 | Close file on Leave | |
| 2023-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-10-26 | Judgment on leave sent to the parties | |
| 2023-10-26 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the applicant’s replies is granted. The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 5-22-CA, 2023 NBCA 7, dated February 2, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-10-26 |
Decision on motion to extend time, See decision on application Granted |
|
| 2023-09-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-05 | Submission of motion to extend time, for consideration by the Court | |
| 2023-05-29 | Motion to extend time, (Book Form), Completed on: 2023-05-29 | Association des juristes d’expression française du Nouveau-Brunswick |
| 2023-05-26 | Applicant's reply to respondent's argument, (Book Form), Reply to Province of New Brunswick (Executive Council Office), Completed on: 2023-05-26, (Printed version due on 2023-06-02) | Association des juristes d’expression française du Nouveau-Brunswick |
| 2023-05-26 | Applicant's reply to respondent's argument, (Book Form), Reply to Commissioner of Official Languages for New Brunswick, Completed on: 2023-05-29, (Printed version due on 2023-06-02) | Association des juristes d’expression française du Nouveau-Brunswick |
| 2023-05-12 | Certificate (on limitations to public access), Form 23A | Province of New Brunswick (Executive Council Office) |
| 2023-05-12 | Notice of name | Province of New Brunswick (Executive Council Office) |
| 2023-05-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-12, (Printed version filed on 2023-05-12) | Province of New Brunswick (Executive Council Office) |
| 2023-05-12 | Certificate (on limitations to public access), Form 23A | Commissioner of Official Languages for New Brunswick |
| 2023-05-12 | Notice of name | Commissioner of Official Languages for New Brunswick |
| 2023-05-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-12, (Printed version due on 2023-05-19) | Commissioner of Official Languages for New Brunswick |
| 2023-04-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED: 2023-04-14 | |
| 2023-04-03 | Certificate (on limitations to public access), Form 23A, (Electronic version filed on 2023-04-04) | Association des juristes d’expression française du Nouveau-Brunswick |
| 2023-04-03 | Notice of name, (Electronic version filed on 2023-04-04) | Association des juristes d’expression française du Nouveau-Brunswick |
| 2023-04-03 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application (rec'd 2023-05-16) - Amended 23A (rec'd 2023-05-02) - CA Order (rec'd 2023-05-30) - TC Order (rec'd 2023-05-16), Completed on: 2023-06-20, (Electronic version filed on 2023-04-04) |
Association des juristes d’expression française du Nouveau-Brunswick |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Association des juristes d’expression française du Nouveau-Brunswick | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Commissioner of Official Languages for New Brunswick | Respondent | Active |
| Province of New Brunswick (Executive Council Office) | Respondent | Active |
Counsel
Party: Association des juristes d’expression française du Nouveau-Brunswick
Counsel
Gabriel Poliquin
18, avenue Antonine-Maillet
Pavillon Léopold-Taillon
Moncton, New Brunswick
E1A 3E9
Telephone: (506) 863-2136
FAX: (506) 858-4534
Email: erik.labelle.eastaugh@umoncton.ca
Party: Commissioner of Official Languages for New Brunswick
Counsel
John MacCormick
210 - 1133 Regent St
Fredericton, New Brunswick
E3B 3Z2
Telephone: (506) 458-1989
FAX: (506) 458-1127
Email: jmichaud@pinklarkin.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Party: Province of New Brunswick (Executive Council Office)
Counsel
5 rue King, Suite 2078, Place Chancery
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: isabel.lavoiedaigle@gnb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Official languages — Civil procedure — Commencement of proceedings — Mootness — Striking of application seeking declarations that Province and Commissioner of Official Languages exceeded their respective powers in making certain decisions in connection with process leading to appointment of new Commissioner — Whether provision of New Brunswick Official Languages Act allowing complainant who is not satisfied with Commissioner’s conclusions to apply to Court of Queen’s Bench for remedy entitles complainant whose complaint was well founded when filed to obtain declaratory judgment to that effect — Whether right to apply for remedy under that provision can be exercised in respect of any contravention of statute for which complaint was made to Commissioner of Official Languages, or whether applications relating to “administrative” decisions are excluded — Official Languages Act, S.N.B. 2002, c. O-0.5, s. 43(18).
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, the Association des juristes d’expression française du Nouveau-Brunswick (“AJEFNB”), filed an application seeking a declaration that the respondents, the Province of New Brunswick (“Province”) and the Commissioner of Official Languages of New Brunswick (“Commissioner”), had exceeded their respective powers in making certain decisions in connection with the process leading to the appointment of a new Commissioner of Official Languages. The respondents each filed a motion to strike. The motions judge struck seven of the eight claims for relief on the ground that they were a matter for judicial review under Rule 69 and could not be granted on an application under s. 43(18) of the Official Languages Act. The Court of Appeal dismissed the appeal and upheld the motions judge’s decision, although on the ground that the claims for relief raised issues that were moot.
Lower court rulings
Court of Queen’s Bench of New Brunswick
MM-156-2020
Motion by respondent Province of New Brunswick to dismiss applicant’s application granted in part; seven of eight claims in notice of application struck with no possibility of being amended
Court of Appeal of New Brunswick
2023 NBCA 7, 5-22-CA
Applicant’s appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available