Office of the Integrity Commissioner for New Brunswick

What is the role of the Court of Appeal of New Brunswick? 

The Court of Appeal is an appeal court hearing cases that have been decided by lower courts or administrative tribunals in New Brunswick. Decisions and judgments of the Court of Appeal of New Brunswick may, in certain cases, be appealed to the Supreme Court of Canada. 

Where does the Court of Appeal of New Brunswick hear appeals and motions?

The Court of Appeal usually hears appeals and motions in Fredericton, New Brunswick. On occasion, it will sit and hear appeals or motions in other locations. Most motions are heard by a single judge of the Court of Appeal, usually in Fredericton but, occasionally, elsewhere.

How do I communicate with the Court of Appeal of New Brunswick? 

Communications to the Court of Appeal of New Brunswick should be addressed to the Registrar (Caroline Lafontaine) or the Deputy Registrar of the Court. Click here to access the address of the court, as well as other contact information. 

When I go to court, what is the proper way to address the judges of the Court of Appeal of New Brunswick? 

At the hearing, counsel or the parties should use "Chief Justice" when addressing the Chief Justice of New Brunswick, and "Justice", "Mr. Justice" or "Madam Justice", as the case may be, when addressing the other members of the panel hearing the appeal.

In written communications, the Chief Justice should be addressed as "The Honourable Chief Justice" and the other judges should be addressed as "The Honourable Madam Justice" or "The Honourable Mr. Justice", as the case may be. 

What happens at a hearing before the Court of Appeal of New Brunswick?

Normally, there will be three judges hearing the appeal. There are usually no witnesses and no new evidence before the Court of Appeal.

The appealing party addresses the Court first, followed by the responding party. The appealing party is then allowed a short reply. The judges may ask questions at any stage of the hearing. At the end of the hearing, the judges may decide the appeal immediately or they may reserve their decision in which case the parties will be advised of the decision at a later date. 

How much time do I have to appeal a decision from a lower court to the Court of Appeal of New Brunswick? 

Rule 62 (Civil Appeals) and Rule 63 (Criminal Appeals) of the Rules of Court of New Brunswick both specify that an appeal from a final decision must be commenced, in writing, within 30 days after the lower court has given that decision. The permission of a judge of the Court of Appeal is required to appeal any interlocutory (That is, a decision of a lower court of a preliminary or secondary nature that does not resolve the issue as such) decision. The application for permission to appeal an interlocutory decision must be filed within 7 days after that decision has been rendered.

If the 30-day time period has expired, a party wishing to appeal may still ask the Court of Appeal for permission to extend the time within which to file an appeal. The request for an extension may or may not be granted by the Court. Different deadlines for appeal may be provided by statute.