Appeal to Court of King’s Bench
2023, c.17, s.11
37(1)An appeal lies to a judge of The Court of King’s Bench of New Brunswick from an order, ruling or decision of the Board on any question of law.
37(2)An appeal under subsection (1) shall be made by Notice of Application which shall be served by the party appealing, in accordance with the Rules of Court, on the Board and on the other parties within 60 days of the mailing of the Board’s decision under subsection 72(2) of the
Local Governance Commission Act.
37(3)Upon service under subsection (2), the Board shall deliver to the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the appeal is to be heard the record referred to in section 33 and a copy of the order, ruling or decision of the Board.
37(4)The appeal shall be heard and determined upon the evidence and proceedings before the Board as contained in the record referred to in section 33.
37(5)An appeal under subsection (1) stays the application of the order, ruling or decision in respect of which the appeal is made.
37(6)After hearing the appeal, the judge may allow the appeal and set aside the order, ruling or decision or may dismiss the appeal or substitute his own ruling, order or decision for that of the Board.
37(7)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an appeal made under subsection (1).
37(8)There shall be an appeal from a decision of the judge to the Court of Appeal and the rules governing appeals to that Court from a decision of The Court of King’s Bench of New Brunswick apply to appeals under this subsection.
1965-66, c.110, s.35; 1983, c.12, s.29; 2001, c.32, s.1; 2008, c.56, s.13; 2023, c.17, s.11; 2023, c.18, s.91