Executive Summary: Key Legal and Evidentiary Issues

• The Court of Appeal of New Brunswick allowed the appeal in Humaco Acoustique Inc. v. Kent Building Supplies, 2026 NBCA 77.
   
• Justices Drapeau, LeBlanc, and Dysart set aside the underlying Court of King's Bench decision, 2025 NBKB 250.
   
• Appellant Humaco Acoustique Inc.'s motion for set-aside orders was granted.
   
• Leave was granted to file and serve a statement of defence and counterclaim within 30 days.
   
• Neither party was awarded costs on the appeal.
   
• Detailed reasons for the decision have not yet been released, as the panel stated reasons would follow.
   

Facts of the case

Humaco Acoustique Inc. appealed a decision of the Court of King's Bench dated November 12, 2025 (2025 NBKB 250) to the Court of Appeal of New Brunswick. The appeal, docketed 123-25-CA, was heard on May 20, 2026, before Justices Drapeau, LeBlanc, and Dysart, with judgment rendered June 30, 2026. Ian Girard represented the appellant, Humaco Acoustique Inc., while Hugh Murphy represented the respondent, Kent Building Supplies, a division of J.D. Irving Limited. The document provided does not set out the factual background underlying the original King's Bench proceeding.

Policy and legislative provisions at issue

No specific legislative provisions, rules, or policy terms are identified in the document. This is because the Court's reasons for judgment have not yet been released; the panel noted only that reasons would follow.

Reasoning and analysis

The material provided contains only the Court's order, not its reasoning. The Court expressly stated that reasons would follow, so no analysis is available for this document at this time.

Ruling and overall outcome

The Court of Appeal allowed the appeal, without costs for or against either party. It set aside the Court of King's Bench judgment, granted the appellant's motion for set-aside orders, and granted the appellant leave to file and serve a statement of defence and counterclaim within 30 days. The judgment does not specify any monetary award, damages, or costs in favour of either party, and no exact amount can be determined from the document.