Lawsuits of New Brunswick
Significant lawsuits of New Brunswick are described, if not elsewhere, here (in chronological order).
Dow v Black[edit]
Dow v Black was one of the first major cases examining in detail the division of powers between the federal Parliament and the provincial Legislatures, set out in s. 91 and s. 92 of the British North America Act.
Maher v Town Council of Portland[edit]
Maher v Town Council of Portland tested the constitutional guarantees for denominational schools set out in section 93 of the British North America Act. The issue was whether the Common Schools Act 1871 infringed the guarantee of denominational schools set out in section 93(1).
Russell v R[edit]
Russell v R is a landmark Privy Council decision regarding the interpretation of the British North America Act 1867, and was one of the first cases explaining the nature of the peace, order and good government power in Canadian federalism. Specifically, it dealt with the powers of Parliament to delegate authority, in this case under the Canada Temperance Act, to, in this instance, municipal councils.
Maritime Bank Liquidators v New Brunswick[edit]
This case decided that the (Provincial) Crown was entitled to superior status in monies on demand deposit with respect to other creditors in the liquidation of a bank.[1]
AG v AG[edit]
With the accession to the Dominion of several new provinces after 1900, the Attorneys-General of New Brunswick and of Prince Edward Island had suit against the AG Canada for interpretations disfavourable to their electors.[2]
Saint John Pilot Commissioners v Cumberland Railway[edit]
Whether the Cumberland Railway and Coal Company were liable to the predations of the Saint John Pilot Commissioners was the case in issue here.[3]
Inglewood v NB Power[edit]
Inglewood v NB Power, in which the Judicial Committee of the Privy Council affirmed the judgment of the NB Supreme Court, dealt with the interest payable on expropriation, and whether or not the loss of game to hunt were actionable.
King v Assessors of Bathurst County[edit]
The issue of whether or not school taxes levied by a county were payable by an employer of significant size was the subject of King v Assessors of Bathurst County, ex parte Bathurst Company Ltd]]. The King (in effect, the corporation) asked whether the county was right to assess taxes in the amount it did.
Winner v SMT (Eastern) Ltd[edit]
Winner v SMT (Eastern) Ltd, the last case of the JCPC that affected Canadian constitutional jurisprudence. One opinion observed that citizens were free to move across provincial borders and live wherever they chose to, and only the federal government could limit this right.
References[edit]
- ↑ "new)+AND+(brunswick") "The Liquidators of the Maritime bank of Canada v The Receiver General of New Brunswick (Canada) [1892 UKPC 34 (2 July 1892)"]
- ↑ "new)+AND+(brunswick") bailii.org: "The Attorney General for the Province of Prince Edward Island v The Attorney General for the Dominion of Canada (Canada) [1904 UKPC 66 (4 November 1904)"] and "new)+AND+(brunswick") bailii.org: "The Attorney General for the Province of New Brunswick v The Attorney General for the Dominion of Canada (Canada) [1904 UKPC 67 (4 November 1904) "]
- ↑ "new)+AND+(brunswick") bailii.org: "The St. John Pilot Commissioners and The Attorney General for the Dominion of Canada v The Cumberland Railway and Coal Company (Canada) [1909 UKPC 50 (28 October 1909)"]
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