2(1)The Supreme Court of New Brunswick as constituted before September 4, 1979, shall be continued as courts of record under the names of The Court of Appeal of New Brunswick and The Court of Queen’s Bench of New Brunswick.

2(1.1)On September 8, 2022, The Court of Queen’s Bench of New Brunswick is continued as a court of record under the name The Court of King’s Bench of New Brunswick.

2(2)The Court of Appeal shall consist of the Chief Justice of New Brunswick, five other judges, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge.

2(3)The Court of King’s Bench shall consist of the Chief Justice of the Court of King’s Bench, not more than twenty-five other judges, any former judge of the Court of King’s Bench who is a supernumerary judge and any former Chief Justice of the Court of King’s Bench who is a judge or a supernumerary judge.

2(3.1)The Court of King’s Bench may include one or two Associate Chief Justices who shall be counted in the number of judges authorized under subsection (3).

2(4)The Court of King’s Bench shall consist of two divisions, namely:

2(4.1)Of the judges of the Court of King’s Bench eleven shall be judges of the Family Division.

2(4.2)A judge of the Family Division is ex officio a judge of the Trial Division, and the Chief Justice of the Court of King’s Bench may from time to time direct that any judge of the Family Division hear and determine proceedings brought in the Trial Division.

2(4.3)The Chief Justice of the Court of King’s Bench may hear and determine proceedings brought in the Trial Division or the Family Division and for such purposes the Chief Justice of the Court of King’s Bench is a judge of the Trial Division or the Family Division, as the case may be.

2(5)For each office of judge established under subsections (2) and (3), there is the additional office of supernumerary judge that any judge of the Courts may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.

2(6)For each office of Chief Justice established under subsections (2) and (3), there is established the additional office of judge that a Chief Justice may elect to hold upon compliance with and upon meeting the qualifications under the Judges Act, chapter J-1 of the Revised Statutes of Canada, 1970.

3(1)A judge of the Court of King’s Bench or the Court of Appeal shall, as soon as may be after acceptance and before entering upon the duties of this office,

3(2)The oath or affirmation shall be administered by the Lieutenant-Governor to the Chief Justice of New Brunswick, by the Chief Justice of New Brunswick to the Chief Justice of the Court of King’s Bench and to the other judges of the Court of Appeal, and by the Chief Justice of the Court of King’s Bench to the other judges of the Court of King’s Bench.

4(1)At least one judge of the Family Division or the Trial Division of the Court of King’s Bench shall reside in each of the following municipalities or within an area of fifty kilometres from the municipality:

4(2)The judges of the Court of Appeal, other than supernumerary judges, shall reside in the City of Fredericton or within an area of fifty kilometres from that City.

6(1)The Chief Justice of New Brunswick has rank and precedence over all other judges of the courts of New Brunswick.

6(2)The Chief Justice of the Court of King’s Bench has rank and precedence after the Chief Justice of New Brunswick, the judges of the Court of Appeal have rank and precedence after the Chief Justice of the Court of King’s Bench according to their seniority of appointment as judges of the Court of Appeal and the judges of the Court of King’s Bench have rank and precedence after the judges of the Court of Appeal according to their seniority of appointment as judges of the Court of King’s Bench.

6(3)The judges of the Court of King’s Bench and the Court of Appeal are ex officio commissioners for taking affidavits.

7(2)Every action and proceeding in the Court and all business arising out of the same shall so far as is practicable and convenient be heard, determined and disposed of before a single judge, and all proceedings in an action subsequent to the hearing or trial and down to and including the final judgment or order, always excepting any proceedings on appeal or by motion for a new trial or the like, shall, so far as is practicable and convenient, be had and taken before the judge before whom the trial or hearing of the cause took place.

7(3)Any judge may, subject to the Rules of Court, exercise in court or chambers all or any part of the jurisdiction by this Act vested in the Court, in all such causes and matters and in all such proceedings in any causes and matters as before the commencement of this Act might have been heard in court or in chambers by a single judge or as may be directed or authorized to be so heard by the Rules of Court, and in all such cases any judge sitting in court shall be deemed to constitute a Court.

7.2(1)Subject to any other Act or the Rules of Court, a judge of the Court of King’s Bench shall deliver a judgment in any cause or matter within six months after hearing it.

7.2(2)At the request of a judge, the Chief Justice of the Court of King’s Bench may, in the Chief Justice’s discretion, after hearing a satisfactory explanation of the circumstances, extend the time in which a judgment may be delivered.

7.2(3)Where the Chief Justice extends the time under subsection (2), the Chief Justice may relieve the judge of the judge’s other duties until the judgment is delivered or take such other measures as the Chief Justice thinks appropriate.

7.3(1)For the purpose of section 41 of the Judges Act (Canada), a judge of the Court of Appeal is authorized to attend, with the approval of the Chief Justice of New Brunswick, a meeting, conference or seminar that is held for a purpose relating to the administration of justice.

7.3(2)For the purpose of section 41 of the Judges Act (Canada), a judge of the Court of King’s Bench is authorized to attend, with the approval of the Chief Justice of the Court of King’s Bench, a meeting, conference or seminar that is held for a purpose relating to the administration of justice.

8(1)The Court of Appeal shall always be open.

8(2)The Court of Appeal shall have and exercise appellate jurisdiction, with such original jurisdiction as may be necessary or incidental to the determining of an appeal; and shall have all the jurisdiction and powers possessed by the Court of Appeal immediately before September 4, 1979, with appellate jurisdiction in civil and criminal causes and matters, and with jurisdiction and power to hear and determine motions and appeals respecting any judgment, order or decision of any judge of the Courts.

8(3)Subject to subsection (3.1), an appeal to the Court of Appeal may be taken by any party from any judgment, order or decision

8(3.1)Where a party seeks to appeal from

8(4)The Court of Appeal shall sit in the City of Fredericton, and may sit in other locations, at such places and times as the Court requires, all as determined by the Chief Justice subject to the Rules of Court.

8(5)Every appeal, motion or application to the Court of Appeal shall, unless otherwise provided in this Act or the Rules of Court, be heard before not fewer than three judges sitting together, but the death, withdrawal, resignation, removal or inability to act of a judge after the commencement of a hearing shall not affect the jurisdiction of the Court if the appeal, motion or application is finally disposed of by not fewer than two judges, in which case their determination shall have the same force and effect as if made by the whole Court.

8(6)It is not necessary for all the judges who have heard the argument in any case to be present in order to constitute the Court for delivering judgment in that case; and where any judge who has heard the argument is not present at the time when judgment is delivered, the judge’s judgment may be announced or read by one of the other judges, and shall have the same effect as if the judge were present.

8(6.1)Notwithstanding subsection (5), where the argument in any case has been heard before a judge and the judge is appointed to any other court or for any other reason ceases to hold office, the judge may at any time within six months of ceasing to hold office deliver judgment or make an order in the case, and, in a criminal proceeding, exercise any power of a judge of the Court of Appeal in such proceeding.

8(6.2)A judgment or order of the Court of Appeal and any order or decision of a judge of the Court in chambers may be delivered by filing it with the Registrar.

8(7)No judge shall sit on the hearing of an appeal from any judgment or order made by the judge, or on the hearing of a motion for a new trial on any cause or matter tried before the judge, with or without a jury.

8(8)Where any judge of the Court of Appeal is unable to sit or take part in consequence of the provisions of subsection (7), or from illness or any other reason, or in case of a vacancy in the Court, the Chief Justice, following consultation with the Chief Justice of the Court of King’s Bench, may summon any judge of the Court of King’s Bench to sit and act in the place of such other judge, or in the place of any judge whose office has become vacant, and it is the duty of any judge so summoned to attend and, while so sitting and acting, that judge has all the jurisdiction, power and authority of a judge of the Court of Appeal.

8(9)All writs, precepts, rules, affidavits, notices and other papers and documents issued out of, or used in the Court of Appeal may be entitled, “In The Court of Appeal of New Brunswick”.

9(1)Notwithstanding anything in the provisions of this or any other Act or the Rules of Court, the Trial Division shall have and exercise general and original jurisdiction in all causes and matters including jurisdiction in the following matters, namely:

9(2)Every notice of action or other document by which any civil cause or matter is commenced in the Trial Division shall be entitled by the party issuing or taking out the same with the words “In The Court of King’s Bench of New Brunswick, Trial Division”.

10(1)The Court of King’s Bench shall always be open.

10(2)The Trial Division shall sit in each judicial district at such places and times as the business of the Court requires as determined by the Chief Justice subject to the Rules of Court and shall be presided over by a judge appointed to the Court of King’s Bench.

10(3)Notwithstanding subsection (2), the Court of King’s Bench shall not hold sittings in accordance with a fixed schedule but shall sit, subject to the Rules of Court, in the judicial district in which the cause or matter is commenced.

11(1)In sections 11 to 11.6

11(1.1)In Schedule A

11(2)The Chief Justice of the Court of King’s Bench may from time to time direct that any judge of the Trial Division hear and determine proceedings brought in the Family Division and for such purposes each judge of the Trial Division is a judge of the Family Division.

11(3)The Family Division has the jurisdiction vested in the Trial Division.

11(4)Subject to subsection (5), the Family Division is constituted to hear and determine proceedings with respect to matters set out in Schedule A, and for such purposes the Family Division may also exercise the jurisdiction vested in the Provincial Court of New Brunswick and The Probate Court of New Brunswick, and in a judge of such courts, and, without limiting the scope of the above, may exercise the jurisdiction of a court or a judge under any provision set out in Schedule B.

11(5)The Family Division may exercise its jurisdiction in respect of proceedings, other than by way of appeal, taken within a judicial district.

11(6)For the purposes of exercising jurisdiction relating to charges or other proceedings arising under

11(7)All proceedings commenced in the Family Division shall be styled “In The Court of King’s Bench of New Brunswick, Family Division”.

11(8)In exercising its jurisdiction in respect of any proceeding the Family Division has, in addition to the powers and duties of a court or judge that would exercise jurisdiction but for this section, all the powers and duties of the Court of King’s Bench and a judge thereof.

11(9)The Family Division has and may exercise jurisdiction as parens patriae.

11.1(1)The Lieutenant-Governor in Council may designate judicial districts in which the Family Division may exercise its jurisdiction.

11.1(2)The Family Division shall hold sittings in premises located within the judicial districts.

11.2(1)A civil proceeding within the jurisdiction of the Family Division may be commenced in the Family Division where any party to the proceeding resides in the judicial district in which the proceeding is commenced, or where any child with respect to whom the proceeding is taken or a decision or order is sought in the proceeding is within the judicial district.

11.2(2)With the consent of a judge of the Family Division and the consent of all parties to a civil proceeding, that proceeding may be commenced in the Family Division if it is within its jurisdiction, notwithstanding that subsection (1) does not apply.

11.2(2.1)A criminal proceeding in respect of which the Family Division has jurisdiction or a proceeding respecting an offence under a provincial statute or local government by-law in respect of which the Family Division has jurisdiction may be commenced in the Family Division in any judicial district notwithstanding that the criminal offence or the offence under a provincial statute or local government by-law is alleged to have been committed in another judicial district.

11.2(3)A judge of the Family Division may, in accordance with the regulations, order that a proceeding commenced in the Family Division be transferred to the Trial Division or to another court where, in the opinion of the judge, there is a preponderance of convenience for the proceeding to be dealt with in that Division or court.

11.2(4)If a proceeding that should not have been commenced in the Family Division is so commenced, a judge of the Family Division may, in accordance with the regulations, at any stage of the proceeding, order that the proceeding be transferred to the Trial Division or to another court in which the proceeding may properly be taken, and all steps taken by any party in the proceeding and all orders made therein before the transfer are valid and effectual as if they were taken or made in the Division or court in which the proceeding ought to have been commenced.

11.2(5)A judge of the Trial Division or of another court having jurisdiction in a proceeding that could be commenced in the Family Division, may, in accordance with the regulations, order that the proceeding be transferred to the Family Division where, in the opinion of the judge, there is a preponderance of convenience for the matter to be dealt with by the Family Division.

11.2(6)A judge making an order under subsection (3) or (4) may give such directions for the transfer and order such costs as he considers appropriate.

11.3(1)Subject to any other Act, whether of the Legislature of the Province or of the Parliament of Canada, that applies to proceedings in the Family Division, a judge of the Family Division may, in whole or in part, hear a proceeding in open court or in camera, and in exercising the judge’s discretion the judge shall take into consideration in every case

11.4(1)Upon ex parte application or on the judge’s own motion a judge of the Family Division may direct a family counsellor, social worker, probation officer or other person to make a report concerning any matter that, in the opinion of the judge, is a subject of the proceeding.

11.4(2)A person directed to make a report under subsection (1) shall file a written report with the clerk together with a copy of the report for each party to the proceeding and for the judge, and the clerk shall cause a copy of the report to be served on each party to the proceeding, and a copy to be delivered to the judge.

11.4(2.1)The parties to the proceeding shall pay for the costs of the report made under subsection (1) in equal portions unless the judge of the Family Division directs that one party pay the cost in total or that the parties pay the cost in unequal portions as specified by the judge.

11.4(3)Notwithstanding any rule of evidence to the contrary, the contents of a report filed under subsection (2) shall be evidence in the proceeding.

11.4(4)A person filing a report under subsection (2) is a competent and compellable witness.

11.4(5)Any party, including the party calling the person as a witness, may cross-examine the person referred to in subsection (4).

11.4(6)The judge may order that a report filed under subsection (2) and any cross-examination of the person making the report shall be treated as confidential and shall not form part of the public record.

12(1)The Chief Justice of New Brunswick shall determine the general policy of the Court of Appeal and the Court of King’s Bench in judicial matters.

12(2)The Chief Justice of New Brunswick and the Chief Justice of the Court of King’s Bench shall coordinate and apportion the work of the judges in their respective Courts and all the judges shall comply with any orders and directions of the Chief Justices relating thereto.

12(3)An Associate Chief Justice shall carry out the duties assigned by the Chief Justice of the Court of King’s Bench.

12.01(1)For the purpose of ensuring the proper functioning of the Court, the Chief Justice of the Court of King’s Bench is responsible for the administration of the judicial responsibilities of the Court of King’s Bench in relation to the judiciary.

12.01(2)In carrying out the Chief Justice’s duties under subsection (1) and any other provision of this Act, and without limiting the generality of that subsection or any other provision, the Chief Justice

12.01(3)Subject to subsections (4) and (5), the Chief Justice of the Court of King’s Bench, with the consent of the Minister of Justice, may designate the place at which a judge is to establish residence.

12.01(4)If the Chief Justice of the Court of King’s Bench designates a place at which a judge is to establish residence under subsection (3), the Chief Justice of the Court of King’s Bench shall not designate a new place of residence for the judge without first obtaining the consent of the Minister of Justice and the judge.

12.01(5)If, before the commencement of this subsection, the Chief Justice of the Court of King’s Bench designated a place at which a judge was to establish residence, the Chief Justice of the Court of King’s Bench shall not designate a new place of residence for the judge without first obtaining the consent of the Minister of Justice and the judge.

15(1)A judge appointed to the Court of King’s Bench sitting in Chambers may, with the consent of the parties, hear and determine any action in that Court in which no jury is demanded, whether the action has or has not been entered for trial, and all officers who formerly attended at non-jury Circuits shall attend at Chambers upon any such trial, if required so to do by the judge.

15(2)A judge of the Court of Appeal, sitting in Chambers, has and may exercise the same jurisdiction in respect to matters assigned to the Court of King’s Bench as may be exercised by a judge of the Court of King’s Bench in Chambers.

15(3)Subject to subsection 8(3.1), all judgments, rules, decisions and orders given, pronounced, granted or made by a judge under subsection (1) or (2) are subject to appeal to the Court of Appeal.

20(1)Where any cause or matter, or any motion, application or proceeding incidental to such cause or matter, has been partly or fully heard before any judge in the Court of King’s Bench and the judge dies or retires or for any other reason becomes unable to finish the hearing thereof or deliver judgment therein, the Chief Justice on the application of one of the parties, on notice of motion or with the consent of all the parties, may assign another judge to rehear the same.

20(2)Where any cause or matter, or any motion, application or proceeding incidental to such cause or matter, has been fully heard before any judge in the Court of King’s Bench and the judge dies or retires or for any other reason becomes unable to deliver judgment therein, the Chief Justice on the application of one of the parties, with the consent of all the parties, may assign another judge to decide the same, after re-argument, on the evidence already taken.

20(3)Notwithstanding subsection (1), where any criminal proceeding or any cause or matter, or any motion, application or proceeding incidental to such cause or matter, has been partly heard before any judge of the Court of King’s Bench and the judge is appointed to any other court or for any other reason ceases to hold office, the judge may, at any time within six months of ceasing to hold office, exercise any power of a judge of the Court of King’s Bench in a criminal proceeding, or complete the hearing and deliver judgment or make an order.

20(4)Notwithstanding subsections (1) and (2), where any criminal proceeding or any cause or matter, or any motion, application or proceeding incidental to such cause or matter, has been fully heard before any judge of the Court of King’s Bench and the judge is appointed to any other Court or for any other reason ceases to hold office, the judge may, at any time within six months of ceasing to hold office, exercise any power of a judge of the Court of King’s Bench in a criminal proceeding, or deliver judgment or make an order.

22(1)The Court has jurisdiction to entertain an action at the instance of either the Attorney General for Canada, or the Attorney General for the Province for a declaration as to the validity of any statute or any provision in any statute of the Legislature, though no further relief is prayed or sought.

22(2)A judgment in the action is appealable as other judgments of the Court.

22(3)In any case in which

23(1)Important questions of law or fact touching

23(2)When any such reference is made to the Court it is the duty of the Court to hear and consider it and to answer each question so referred; and the Court shall certify to the Lieutenant-Governor in Council, for the Lieutenant-Governor in Council’s information, its opinion upon each question, with the reasons for each answer; and such opinion shall be pronounced in like manner as in the case of a judgment upon an appeal to the said Court; and any judge who differs from the opinion of the majority shall in like manner certify the judge’s opinion and reasons.

23(3)In any reference in which

23(4)The Court has power to direct that any person interested, or, where there is a class of persons interested, one or more persons as representatives of such class, shall be notified of the hearing upon any reference under this section and such persons are entitled to be heard thereon.

23(5)The opinion of the Court upon any reference, although advisory only, shall, for all purposes of appeal, be treated as a final judgment of the Court between parties.

26(1)In every civil cause or matter commenced in the Court, law and equity shall be administered therein according to the rules in this section.

26(2)If a plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against a deed, instrument or contract, or against any right, title or claim whatsoever, asserted by a defendant or respondent in the cause or matter, or to any relief founded on a legal right that before the commencement of The Judicature Act, 1909 could only have been given by a court of equity, the Court and every judge thereof shall give to the plaintiff or petitioner such and the same relief as ought to have been given by the Supreme Court in Equity in a suit or proceeding for the same or the like purposes properly instituted before the commencement of the said Judicature Act.

26(3)Subject to appeal as in other cases, the Court has power to relieve against all penalties and forfeitures, and in granting the relief to impose such terms as to costs, expenses, damages, compensation and all other matters, as the Court thinks fit.

26(4)If a defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against a deed, instrument or contract, or against any right, title or claim asserted by a plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to a claim of the plaintiff or petitioner in the cause or matter, the Court and every judge thereof shall give to every equitable estate, right or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect by way of defence against the claim of the plaintiff or petitioner as the Supreme Court in Equity ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted in the Court for the same or the like purposes before the commencement of The Judicature Act, 1909.

26(5)The Court and every judge thereof may grant to a defendant, in respect of any equitable estate or right, or other matter of equity, and also in respect of any legal estate, right or title claimed or asserted by the defendant, all such relief against any plaintiff or petitioner as the defendant has properly claimed by the defendant’s pleading and as the Court, or any judge thereof, might have granted in any suit instituted for that purpose by the same defendant against the same plaintiff or petitioner; and also all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter, or not, who has been duly served with notice in writing of such claim pursuant to any Rule of Court, or any order of the Court that might properly have been granted against such person if the person had been a defendant to a cause duly instituted by the same defendant for the like purpose; and every person served with any such notice shall thenceforth be deemed a party to the cause or matter, with the same rights in respect of their defence against such claim as if the person had been duly sued in the ordinary way by the defendant.

26(6)The Court and every judge thereof shall recognize and take notice of all equitable estates, titles and rights, and all equitable duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the Supreme Court in Equity would have recognized and taken notice of the same in any suit or proceeding duly instituted therein before the commencement of The Judicature Act, 1909.

26(7)No cause or proceeding, at any time pending in the Court, shall be restrained by injunction or by an order on judicial review, but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained either unconditionally or on any terms or conditions, if The Judicature Act, 1909 had not been enacted, may be relied on by way of defence thereto; but nothing herein disables the Court from directing a stay of proceedings in any cause or matter pending before it, if it sees fit; and any person, whether a party or not to any such cause or matter, who would have been entitled, if The Judicature Act, 1909 had not been enacted, to apply to any Court to restrain the prosecution thereof, or who may be entitled to enforce, by any means, any judgment, decree, rule or order, contrary to which all or any part of the proceedings in the cause or matter have been taken, is at liberty to apply to the Court by motion in a summary way, for a stay of proceedings in such cause or matter either generally or so far as may be necessary for the purposes of justice; and the Court shall thereupon make such order as is just.

26(8)Subject to the aforesaid provisions for giving effect to equitable rights and other matters of equity in manner aforesaid, and to the other express provisions of this Act, the Court and every judge thereof shall recognize and give effect to all legal claims and demands, and all estates, titles, rights, duties, obligations and liabilities existing by the common law or created by any statute, in the same manner as the same would have been recognized and given effect to by the Supreme Court, either at law or in equity, if The Judicature Act, 1909 had not been enacted.

26(9)The Court in the exercise of the jurisdiction vested therein by this Act in every cause or matter pending before the Court has power to grant, and shall grant, either absolutely or on such reasonable terms and conditions as to the Court seems just, all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter, so that as far as possible all matters so in controversy between the said parties respectively, may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.

27(1)In the administration by the Court of the assets of any person who has died since the commencement of The Judicature Act, 1909, or who may die after the commencement of this Act, and whose estate may prove to be insufficient for the payment in full of the person’s debts and liabilities, and in the winding-up under the Winding-Up Act of any company whose assets may prove to be insufficient for the payment of its debts and liabilities and the costs of winding-up, the same rule shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities respectively as may be in force for the time being under the Bankruptcy Act of Canada with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the estate of any such deceased person, or out of the assets of any such company, may come in under the judgment or order for the administration of such estate, or under the winding-up of such company, and make such claims against the same as they may respectively be entitled to.

27(2)Where the personal estate is insufficient for the payment of the debts in the administration of the assets of any deceased person, the Court or a judge may direct a sale of the real estate or that it be leased or mortgaged for that purpose and may give such directions in regard thereto as the Court or a judge may think expedient.

34(1)In this section

34(2)No ex parte injunction shall be granted unless the Court or a judge is satisfied that

34(2.1)For the purpose of paragraph (2)(b),

34(2.2)Any person receiving notification of an application for an ex parte injunction may attend and make representations in respect of the application, but notwithstanding such notification or attendance an injunction issued pursuant to the application shall, for purposes of subsections (3), (4) and (5), be deemed to have been made ex parte.

34(3)An ex parte injunction

34(4)Where an ex parte injunction has been granted that is subject to this section, the judge who granted that injunction shall not grant another ex parte injunction based only on the evidence that was used in support of the application for the ex parte injunction that was granted.

34(5)Every affidavit used in support of an application for an ex parte injunction under this section shall be confined to facts within the personal knowledge of the deponent, and the Court may require viva voce evidence in addition to affidavits.

35(1)A trade union, a council of trade unions, an employer and an employers’ organization, as defined in the Industrial Relations Act, are legal entities capable of suing and being sued.

35(2)No representative action in tort shall be brought against members of a trade union as defined in the Industrial Relations Act.

36(1)No prerogative writ of certiorari, mandamus, prohibition or quo warranto, and no order of certiorari, mandamus or prohibition, shall be issued in any proceeding commenced after the coming into force of this section.

36(2)Any remedy that could have been given by way of

36(3)In any enactment a reference to a writ of certiorari, mandamus, prohibition or quo warranto, or to an order of certiorari, mandamus or prohibition shall be construed as a reference to an order on judicial review authorized by the Rules of Court.

36(4)No action or proceeding shall be commenced or prosecuted against any person in respect of anything done in obedience to an order on judicial review.

37.1(1)In this section, “Canadian Free Trade Agreement” means the Canadian Free Trade Agreement, signed in 2017 by the Government of Canada and the governments of the provinces and territories of Canada, as amended from time to time.

37.1(2)A certified copy of an order made by a Presiding Body under Chapter 10 of the Canadian Free Trade Agreement that requires a person other than the Crown to pay tariff costs may be filed with The Court of King’s Bench, and, when filed, has the same force and effect as an order for the payment of money made by that Court against the person.

41(1)The legal year shall not be divided into Terms so far as relates to the administration of justice; and there shall not be Terms applicable to any Sittings or business of the Court; but in all cases in which, under the law existing at the time of the passing of The Judicature Act, 1909, the Terms into which the legal year was divided are used as a measure for determining the time at or within which any act is required to be done, the same may continue to be referred to for the same or the like purpose, unless and until provision is otherwise made by any lawful authority.

41(2)Subject to the Rules of Court, the Court and the judges thereof have power to sit and act at any time and place for the transaction of any part of the business of the Court, or of such judges, or for the discharge of any duty that by any statute, or otherwise, is required to be discharged.

43(1)Upon a trial by jury, where the Court or the presiding judge otherwise directs, it is not lawful for the jury to give a general verdict; but it is the duty of the jury to give a special verdict, if the Court or presiding judge so directs; unless the Court or the presiding judge otherwise directs, the jury may give either a general or a special verdict.

43(2)This section does not apply to actions of libel.

44(1)Upon a trial by jury, in any case except an action for libel, the judge, instead of directing the jury to give either a general or special verdict, may direct the jury to answer any questions of fact stated to them by the judge for the purpose; and in such case, the jury shall answer the questions, and shall not give a verdict, and on the findings of the jury upon the questions that they answer, the judge shall enter a verdict, and the verdict so entered shall be as effectual as if it had been the verdict of the jury; and on the trial of any such case, counsel may require the judge to submit to the jury any pertinent or relevant question raised by any of the issues or necessary to be answered by the jury in order to have a complete determination of all matters involved in the case, and in the event of the judge refusing to put to the jury any question so required by counsel to be submitted, such refusal may be used as a ground for a new trial.

44(2)In actions for malicious prosecution, the judge shall decide all questions both of law and of fact necessary for determining whether or not there is reasonable and probable cause.

45(1)In any proceedings for the recovery of any debt or damages, the Court may order that there shall be included in the sum for which judgment is given interest on the whole or any part of the debt or damages for the whole or any part of the period between the date the debt was due or the amount subsequently awarded as damages ought reasonably to have been paid and the date of judgment.

46(1)Subject to subsection (2) and unless otherwise ordered by the Court, a verdict or judgment bears interest at the rate fixed by the Rules of Court from time to time from the time of the rendering of the verdict or of the giving of the judgment, as the case may be, notwithstanding that the entry of judgment upon the verdict or upon the giving of the judgment has been suspended by any proceedings in the action whether in the Court in which the action is pending or on appeal.

46(2)Where the Court has made an order under subsection 45(1) for interest at a specified rate or rates on the whole or any part of the debt or damages for the whole or any part of the period referred to in that subsection, the whole or such part or parts of the debt or damages shall, subject to any order as to interest made on any appeal or appeals, continue to bear interest at the same rate or rates until the final determination of any appeal or appeals taken in the action and the judgment shall be deemed to include the amount of interest accrued under this section and shall bear interest in accordance with subsection (1) from the date of the final determination of any appeal or appeals.

48(1)When any money is, during the pendency of any suit or proceeding in the Court, ordered to be paid into Court or to any officer thereof, to be subject wholly or in part to the further order or judgment of the Court, the same, or so much thereof as may be subject to such further order or judgment, shall be forthwith paid to the Registrar, and all such money so received by the Registrar, whether from such other officer to whom the same may be paid in the first instance, or otherwise, shall be by the Registrar forthwith deposited with the Minister of Finance and Treasury Board, who shall give a receipt therefor to be filed by the Registrar.

48(2)The Minister of Finance and Treasury Board shall hold all money received by the Minister of Finance and Treasury Board under the provisions of this section subject to the order or decree of the Court, and no money so received by the Minister of Finance and Treasury Board shall be drawn out except by the order of a judge, countersigned by the Registrar; and no such order shall be made unless it is first certified to the judge by the Registrar that such money has been duly deposited with the Minister of Finance and Treasury Board and payment of all such money by the Minister of Finance and Treasury Board shall be by warrant in the usual manner.

48(3)The Minister of Finance and Treasury Board shall keep a separate account of the money paid in to the credit of each cause, and shall allow upon all such money as remains on deposit with the Minister of Finance and Treasury Board more than six months interest in accordance with the regulations from the time when such money has been paid to the Minister of Finance and Treasury Board under the provisions of this Act.

48(4)The Court shall, from time to time, make such Orders as may be necessary to carry out the provisions of this section.

56.91(1)The Lieutenant-Governor in Council may, on the recommendation of the Minister of Justice, appoint the Hearing Officers that are considered necessary.

56.91(2)A Hearing Officer shall be a practising member in good standing of the Law Society of New Brunswick but is not allowed to practise as a barrister or solicitor in any court during the Hearing Officer’s term of office.

56.91(3)Before taking office as a Hearing Officer, a person appointed under subsection (1) shall, before a judge of the Court of King’s Bench, take and subscribe an oath of office or make and subscribe an affirmation of office to truly and faithfully discharge the duties of the office.

56.91(4)A certificate of the oath or affirmation having been duly administered, signed by the judge who administered it, shall be forwarded without delay to the Minister of Justice.

56.91(5)A Hearing Officer shall be appointed for a term not exceeding ten years and is eligible for reappointment.

56.92(1)In an appointment under section 56.91, the Lieutenant-Governor in Council may specify which of the matters set out in section 56.93 for which the Hearing Officer has jurisdiction.

56.92(2)If the Lieutenant-Governor in Council does not specify the particular matters for which a Hearing Officer has jurisdiction in an appointment under section 56.91, the Hearing Officer may exercise jurisdiction with respect to all the matters set out in section 56.93.

56.92(3)Every order or decision made or given by a Hearing Officer pertaining to a matter referred to in subsection (1) or (2), as the case may be, is as valid and binding on all parties concerned as if it had been made or given by the Court of King’s Bench.

56.92(4)A Hearing Officer shall exercise the powers and perform the duties imposed on the Hearing Officer under this Act or any other Act, the regulations under this Act or any other Act and the Rules of Court.

56.92(5)In making an order, a Hearing Officer may give the directions and award the costs that the Hearing Officer considers appropriate.

56.93(1)A Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under the Divorce Act (Canada) to make interim orders under subsections 15.1(2), 15.2(2), 16.1(2) and 16.5(2) of that Act.

56.93(2)Subject to subsection (4), a Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under the following provisions of the Child and Youth Well-Being Act:

56.93(3)Subject to subsection (4), a Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under the following provisions of the Family Services Act:

56.93(4)A Hearing Officer may not make an order referred to in subsection (2) or (3) that varies or sets aside an order of a judge of the Court of King’s Bench.

56.93(5)A Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under following provisions of the Family Law Act:

56.93(6)A Hearing Officer may exercise the jurisdiction of the Court of King’s Bench under the Support Enforcement Act to make orders under subsections 17(5), and 26(6), (7) and (8).

56.93(7)A Hearing Officer may receive applications for emergency intervention orders and make emergency intervention orders under the Intimate Partner Violence Intervention Act.

56.93(8)A Hearing Officer may exercise the jurisdiction of the Small Claims Court of New Brunswick under the Small Claims Act.

56.95(1)A party may appeal an order or decision of a Hearing Officer pertaining to a matter referred to in subsection 56.93(1), (5) or (6) to the Family Division of the Court of King’s Bench in the judicial district where the matter was heard, with leave of that Division.

56.95(2)A party may appeal an order or decision of a Hearing Officer pertaining to a matter referred to in subsection 56.93(2) in accordance with section 64 of the Child and Youth Well-Being Act, but a reference to The Court of Appeal of New Brunswick in that section shall be read as a reference to the Family Division of the Court of King’s Bench in the judicial district where the matter was heard.

56.95(3)A party may appeal an order or decision of a Hearing Officer pertaining to a matter referred to in subsection 56.93(3) in accordance with sections 41 and 42 of the Family Services Act, but the reference to The Court of Appeal of New Brunswick in section 41 of that Act shall be read as a reference to the Family Division of the Court of King’s Bench in the judicial district where the matter was heard.

56.95(4)A party may appeal an order or decision of a Hearing Officer in the exercise of the jurisdiction of the Small Claims Court of New Brunswick in accordance with the Small Claims Act and the regulations under that Act.

56.96(1)A person may make a complaint alleging misconduct by a Hearing Officer

56.96(2)A person may make a complaint referred to in paragraph (1)(a) by writing to the Chief Justice of the Court of King’s Bench who shall review the complaint and may dismiss it without further investigation if, in the Chief Justice’s opinion, it is frivolous or an abuse of process or concerns a minor matter to which an appropriate response has already been given.

56.96(3)The Chief Justice shall notify the complainant and the Hearing Officer in writing of a dismissal under subsection (2), giving brief reasons for it.

56.96(4)If the complaint is not dismissed, the Chief Justice shall refer it to a committee consisting of three persons, being the Registrar and two other judges of the Court of King’s Bench chosen by the Chief Justice.

56.96(5)The committee shall investigate the complaint in the manner it considers appropriate, and the complainant and the Hearing Officer shall be given an opportunity to make representations to the committee in writing or, at the committee’s option, orally.

56.96(6)The committee shall make a report to the Chief Justice, recommending a disposition in accordance with subsection (7).

56.96(7)On receiving a report referred to in subsection (6), the Chief Justice may dismiss the complaint, with or without a finding that it is unfounded, or, if the Chief Justice concludes that the Hearing Officer’s conduct presents grounds for imposing a sanction, may

56.96(8)The Chief Justice shall notify the complainant and the Hearing Officer in writing of a dismissal under subsection (7), giving brief reasons for it.

56.96(9)The Chief Justice’s decision may be appealed to the Court of Appeal

56.96(10)The notice of appeal or the notice of motion for leave to appeal shall be filed within 30 days after the date of the Chief Justice’s decision.

56.96(11)On the filing of a notice of appeal, the imposition of any sanction is stayed until the final disposition of the appeal.

56.97(1)The Lieutenant-Governor in Council shall designate a Chief Hearing Officer for a term not exceeding ten years from among the Hearing Officers appointed under section 56.91.

56.97(2)The Chief Hearing Officer shall be under the direction of the Chief Justice of the Court of King’s Bench and shall direct and supervise the assignment of duties to Hearing Officers.

56.97(3)A Chief Hearing Officer is eligible to be redesignated.

56.97(4)The term of office of a Chief Hearing Officer shall not exceed the term remaining in their term of office as a Hearing Officer.

56.97(5)If the term of office of a Chief Hearing Officer expires and the Hearing Officer is not redesignated, the Hearing Officer may continue to act as a Hearing Officer for the term remaining in their term of office as a Hearing Officer.

57(1)The Lieutenant-Governor in Council may appoint a fit and proper person to be the Registrar of both the Court of Appeal and the Court of King’s Bench, who shall have an office in Fredericton, and such information as may be required pursuant to the Rules of Court respecting all actions commenced in the Court of King’s Bench shall be filed or recorded in that office.

57(2)The offices of the Registrar, clerks and administrators shall be closed on

60(1)The Registrar may transact all such business and exercise all such jurisdiction as may be transacted or exercised by the Court or a judge of the Court, in respect to the following proceedings and matters:

60(2)If any matter appears to the Registrar to be proper for the decision of the Court or a judge, the Registrar may refer the same to the Court or a judge, who may either dispose of the matter or refer the same back to the Registrar with such directions as the Court or the judge thinks fit.

60(3)Every order or decision made or given by the Registrar is as valid and binding on all parties concerned as if the same had been made or given by the Court or a judge, but any person affected by an order or decision of the Registrar may appeal therefrom to the Court or a judge having jurisdiction over the matter, which appeal shall be by notice of motion setting forth the grounds of objection and served within six days after the decision complained of and two clear days before the day fixed for hearing the same, or served within such other time as may be allowed by any judge or the Registrar.

60(4)The Registrar has power to administer oaths and perform such other duties as are assigned to the Registrar under this Act or by the Rules.

60(5)The Registrar shall supervise the clerks appointed under section 68 in the exercise of their duties under this Act.

62(1)The Registrar shall designate in writing one or more deputy registrars to be the person or persons charged with the execution, during the Registrar’s absence from office, of the powers and duties of the Registrar under

62(2)The Registrar may designate in writing one or more

62(3)A written designation under subsection (1) or (2) is effective for the period stated therein but, where no period has been stated, it shall be effective until revoked by the Registrar.

62.1(1)The Registrar may authorize in writing any person employed in the office of the Registrar, in the office of any clerk or in the office of any administrator to provide certified copies of documents filed with the Court.

62.1(2)A written authorization under subsection (1) is effective for the period stated in the authorization unless revoked by the Registrar before the expiration of the period and when no period is stated, the written authorization is effective until revoked by the Registrar or the person ceases to be employed in the position that was held by the person at the time of the Registrar’s authorization.

62.1(3)Proof of the making of an authorization under subsection (1) may be made by a certificate purporting to be signed by the Registrar naming the person authorized in the authorization and the period of time for which the authorization is effective.

62.1(4)A document that purports to be a certificate of the Registrar under subsection (3) may be adduced in evidence and when so adduced is, in the absence of evidence to the contrary, proof of the statements in the certificate without proof of the appointment, signature or authority of the person purporting to have signed the certificate.

62.1(5)Where in any other Act or any regulation under any other Act the Registrar, a clerk or an administrator is authorized or required to provide certified copies of documents filed with the Court, a person authorized by the Registrar under subsection (1) may provide such certified copies.

68(1)The Lieutenant-Governor in Council may appoint for each judicial district of the Trial Division of the Court of King’s Bench, a suitable person as clerk who shall perform and exercise within that judicial district all the duties, powers and authority of clerk prescribed by any Act, regulation or the Rules of Court.

68(2)The Lieutenant-Governor in Council may appoint for each judicial district of the Family Division of the Court of King’s Bench a suitable person as administrator, who shall perform and exercise within that judicial district all the duties, powers and authority of administrator prescribed by any Act, regulation or the Rules of Court.

68(3)Where reference is made in this Act or any regulation or the Rules of Court made hereunder, or in any other Act or any regulation made thereunder to a clerk of the Court in respect of a matter within the exclusive jurisdiction of the Family Division of the Court, then such reference shall be deemed to be a reference to the administrator of the Court and any duties, powers and authority of the clerk with regards to that matter shall be vested in the administrator.

69(1)The Minister of Justice may appoint deputy clerks for each judicial district of the Trial Division of the Court of King’s Bench who may perform the duties and exercise all powers and authority of clerks during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of sections 70 and 71 apply, mutatis mutandis, to a deputy clerk.

69(2)The Minister of Justice may appoint deputy administrators for each judicial district of the Family Division of the Court of King’s Bench who may perform and exercise all the duties, powers and authority of administrators during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of sections 70 and 71 apply mutatis mutandis to a deputy administrator.

70(1)Each person appointed in accordance with subsection 68(1) shall be called “Clerk of the Trial Division of The Court of King’s Bench of New Brunswick for the Judicial District of                                                ” and is entitled to receive on behalf of the Province from the parties litigant the fees prescribed by the Rules of Court.

70(2)Each person appointed in accordance with subsection 68(2) shall be called “Administrator of the Family Division of The Court of King’s Bench of New Brunswick for the Judicial District of                                       ” and is entitled to receive on behalf of the Province from the parties litigant the fees prescribed by the Rules of Court.

70(3)A clerk or an administrator shall be paid for all services performed by the clerk or the administrator such fees as the Lieutenant-Governor in Council may prescribe.

73(1)The Lieutenant-Governor in Council may at any time amend or repeal the provisions of the Rules of Court, and may make other, further and additional Rules for carrying this Act into effect, and in particular, but without restricting the generality of such powers by enumeration, for all or any of the following matters:

73(2)The Lieutenant-Governor in Council may make regulations

73(3)The Lieutenant-Governor in Council may make regulations respecting interest for the purposes of subsection 48(3), including, without limiting the generality of the foregoing, the rate of interest and the manner of calculating interest.

73.1(1)There is hereby established a Rules Committee consisting of

73.1(2)The Rules Committee may inquire into and examine

73.1(3)The Rules Committee may make recommendations to the Lieutenant-Governor in Council in accordance with the findings under subsection (2).