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.