The Court of Appeal of New Brunswick: November 2012

justicedonedirtcheap@gmail.com

Welcome to Court of Appeal of New Brunswick

Lady Justice Statue; Follow this link to view years of documentation, revealing evidence, of what conduct the Judiciary and Law Society of New Brunswick continue to misrepresent as symbolizing fair and equal administration of the law, without corruption, avarice, prejudice, or favor.

Representations of the Lady of Justice in the Western tradition occur in many places and at many times. She sometimes wears a blindfold, more so in Europe, but more often she appears without one. She usually carries a sword and scales. Almost always draped in flowing robes, mature but not old, no longer commonly known as Themis, she symbolizes the fair and equal administration of the law, without corruption, avarice, prejudice, or favor.

CLICK ON HEREIN BELOW PROVIDED: LAW SCHOOL BOOK IMAGES, SIMPLY SELECT THE SUBJECT OF YOUR INTEREST AND ENTER OUR HUMBLE LAW LIBRARY; THIS IS A CHRONOLOGICAL ARRANGEMENT OF OUR MERITORIOUSLY RESEARCHED TORT LAW (TO REDRESS A WRONG DONE) THEN LISTED A DETAILED ACCOUNT OF THE PRACTICAL EXPERIENCES OF OUR CONTRIBUTING SELF REPRESENTED LITIGANT'S, CONCERNING:
the study, theory and practice of litigation
as it relates to The Court of Queen's Bench of New Brunswick, Provincial Court and The Court of Appeal of New Brunswick; Filing, and Procedure, in general.

Please find - here below - this Link: My Brief Story - Introduction: Welcome, this is a 'Justice' Blog intended to benefit all; 'Self Represented Litigants'.

=================================================================================================

2013 New Year's Resolution:
To however, cause the Judiciary of New Brunswick to uphold the Canadian Charter of Rights and Freedoms.
Reason being, that, the Charter is applicable in New Brunswick, just as all provinces are bound by the Constitution.
Despite the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985, that, the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review per-existing statutes and strike potentially unconstitutional inequalities.

=================================================================================================

NOTICE: above provided image is a link to the 'RANT' area of contributing Self Represented Litigants
========================================
=========================================================

NOTICE: above provided image is a link to the 'Public Forum regarding our legal and judicial system

NOTICE: above provided image is a link to the 'RANT' area of contributing Self Represented Litigants
Quick Link Back to Justice Done Dirt Cheap Front Page
Quick Link to Search main INDEX of 'My Files' Court of Appeal of New Brunswick Documents
Quick Link to Front Page Court of Appeal of New Brunswick

Wednesday, November 14, 2012

Procedure - Standard of review of discretionary decisions

In Beaverbrook Canadian Foundation v. Beaverbrook Art Gallery 2006 NBCA 75 (CanLII), (2006), 302 N.B.R. (2d) 161, [2006] N.B.J. No. 307 (QL), 2006 NBCA 75, at para. 4, Drapeau C.J.N.B. addressed the standard of review of discretionary decisions in terms that are equally applicable to the present case:

Like any other discretionary judicial decision, it may be interfered with on appeal only if it is founded upon an error of law, an error in the application of the governing principles or a palpable and overriding error in the assessment of the evidence (see British Columbia (Minister of Forests) v. Okanagan Indian Band, 2003 SCC 71 (CanLII), [2003] 3 S.C.R. 371, 2003 SCC 71 at para. 43) or if it is unreasonable, in the sense that nothing in the record can justify it (see the Honourable R.P. Kerans, Standards of Review Employed by Appellate Courts (Edmonton: Juriliber Limited, 1994) at pp. 36-37 and Secretary of State for Education and Science v. Tameside Metropolitan Borough Council, [1977] A.C. 1014 (H.L.) Lord Diplock at p. 1064)