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J.A. Excavation Inc. v. Province of New Brunswick and Miller

Executive Summary: Key Legal and Evidentiary Issues

  • J.A. Excavation Inc. sought leave to appeal against the Province of New Brunswick and Christopher Miller.
     
  • Justice Quigg heard the motion for leave to appeal on April 27, 2026.
     
  • The decision was rendered the same day the motion was heard.
     
  • No written reasons, facts, or analysis accompany the decision as uploaded.
     
  • Costs of $1,500 were ordered as part of the outcome.
     
  • Payment of the costs award is not attributed to a specific party in the decision.
     


Facts of the case

The document provided is a brief decision from the Court of Appeal of New Brunswick disposing of a motion for leave to appeal. J.A. Excavation Inc. is identified as the intended appellant, and the Province of New Brunswick and Christopher Miller are identified as the intended respondents. The motion was heard by Justice Quigg on April 27, 2026, with counsel appearing as follows: Michael Brenton, K.C. for the intended appellant; Jillian Trail for the intended respondent Province of New Brunswick; and Stephanie Leahy for the intended respondent Christopher Miller. Beyond these procedural details, the uploaded document does not set out the underlying facts giving rise to the motion.

Policy and legislative provisions at issue

The uploaded document does not identify or discuss any specific policy terms, contractual clauses, or legislative provisions at issue in the motion. No such content is available in the source material provided.

Reasoning and analysis

The document consists solely of a decision notice and does not include written reasons or analysis. Accordingly, the basis for the court's determination cannot be summarized, as this information is not found in the uploaded text.

Ruling and overall outcome

Justice Quigg dismissed the motion for leave to appeal brought by J.A. Excavation Inc. The decision was issued with costs of $1,500. The document does not specify to which party the costs are payable, and no further amount, award, or additional relief is stated in the text provided.

J.A. Excavation Inc.
Law Firm / Organization
Brenton Kean
Lawyer(s)

Michael D. Brenton

Province of New Brunswick
Law Firm / Organization
Department of Justice New Brunswick
Lawyer(s)

Jillian Trail

Christopher Miller
Law Firm / Organization
Department of Justice New Brunswick
Lawyer(s)

Jillian Trail

Court of Appeal of New Brunswick
50-26-CA
Civil litigation
Not specified/Unspecified
Respondent