This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).
After the New Brunswick Minister of Agriculture, Fisheries and Aquaculture approved an application for an aquaculture permit and license for an aquaculture site, the Fundy North Fishermen’s Association and several other applicants applied for judicial review of the Minister’s decision. The applicants alleged that the Minister made a jurisdictional error and/or proceeded unfairly and/or failed to follow the correct procedures in making and issuing notifications of his 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 way in which the Minister reached his decision and issued notifications to the affected parties, the Court held that the Minister had not acted with patent unreasonableness. It therefore dismissed the application for judicial review.