Appeal by way of Notice of Application
312(1)A decision of the Registrar under subsection 311(4) with respect to those cases referred to in subsection 311(2) may be appealed by way of Notice of Application to a judge of The Court of King’s Bench of New Brunswick.
312(2)The Notice of Application shall be filed with the Clerk of The Court of King’s Bench of New Brunswick within thirty days after the date of the decision of the Registrar.
312(3)A Notice of Application under subsection (1) shall be served by the applicant on the Registrar in accordance with the Rules of Court.
312(4)Upon service under subsection (3), the Registrar shall deliver to the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in the Registrar’s possession that are relevant to the appeal, including the application to the Registrar under subsection 311(1), and a copy of the decision of the Registrar referred to in subsection 311(5).
312(5)An appeal under this section shall be heard and determined upon the evidence filed with the Registrar under subsection 311(3) and upon such additional evidence as is relevant to support or repudiate any allegation contained in the application, and the judge shall after a hearing decide the matter according to the very right of the matter without regard to form, unless the Registrar acted wholly without jurisdiction, and the judge may upon such hearing make such order as the judge thinks fit affirming, varying or reversing the decision appealed from and may make such order as to costs as the judge thinks fit.
312(6)To the extent that they are not inconsistent with the provisions of this section the Rules of Court apply to an appeal under this section.
1967, c.54, s.25; 1972, c.48, s.59, 60; 1973, c.59, s.16, 17; 1974, c.31 (Supp.), s.5; 1977, c.32, s.34; 1978, c.39, s.23; 1980, c.34, s.22; 1981, c.6, s.1; 1985, c.34, s.37; 1986, c.56, s.25; 1988, c.24, s.3; 1998, c.30, s.27; 2023, c.17, s.162