This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).
After the Town of Sussex approved a subdivision plan that would impact the nearby Village of Sussex Corner, the Village appealed to the Assessment and Planning Appeal Board, which dismissed the appeal. The Village then applied for judicial review of the Board’s decision, arguing that the subdivision would affect the large floodplain area shared by the Village and the Town and would increase the risk of flooding in the Village.
The Court determined that the appropriate standard by which to review the Board’s decision was the standard of reasonableness. After examining the technical evidence that was before the Board when the Board made its decision, the Court held that the Board’s decision was reasonable, as qualified experts had demonstrated that the risk to the Village was minimal. The Court therefore dismissed the Village’s application for judicial review.