This application for leave to appeal was considered by the New Brunswick Court of Appeal.
The applicants in this hearing were ten Chiefs of New Brunswick First Nations and the Assembly of First Nations’ Chiefs in New Brunswick Inc. The applicants applied for leave to appeal a decision of the New Brunswick Court of Queen’s Bench in which the Court had denied their application for an interim injunction to restrain the Government of New Brunswick from establishing Forest Management Agreements that were currently under dispute.
In order for the Court to grant an interim injunction, the applicants had to prove that they would suffer irreparable harm if the injunction were not granted. The Court of Queen’s Bench had held that an alleged breach of duty to consult did not necessarily amount to irreparable harm, and ultimately had concluded that the applicants had not met all of the requirements for an injunction.
After reviewing the lower court's decision, the Court of Appeal held that the lower court had not committed any palpable and overriding errors of fact or had failed to identify and apply the relevant law. It therefore dismissed the applicants’ motion for leave to appeal.