Executive Summary: Key Legal and Evidentiary Issues

• Justice LeBlanc granted the Attorney General of Canada's motion for leave to appeal.
   
• The order requires the Appellant to file and serve its Notice of Appeal by August 4, 2026.
   
• Determination of costs was deferred by the court to the panel assigned to hear the appeal.
   
• No underlying facts, contractual provisions, or substantive reasoning are set out in this decision, as it addresses only the procedural motion for leave.
   
• Respondents named in the matter are 757677 N.B. Ltd. and Kenny White, with Administration Portuaire de l'Île Miscou named as a third party.
   
• Counsel of record included Susan R. Taylor for the Appellant and Matthew T. Hayes, K.C., and Skye Kelly for the Respondents.
   

Facts of the case

This decision arises from a motion before the Court of Appeal of New Brunswick, file number 97-26-CA, brought by the Attorney General of Canada as intended appellant. The intended respondents are 757677 N.B. Ltd. and Kenny White, with Administration Portuaire de l'Île Miscou named as a third party. The motion was heard by Justice LeBlanc on July 17, 2026 [source note: the French-language heading of the document lists the motion as heard by "l'honorable juge Quigg" in one instance, which is inconsistent with the English text and a second French reference identifying the presiding judge as "l'honorable juge LeBlanc"], and decided the same day. The document does not set out the facts underlying the dispute between the parties, as it is limited to determining whether leave to appeal should be granted.

Policy and legislative provisions at issue

The decision does not identify or discuss any specific statutory provisions, regulations, or contractual clauses. No policy or legislative provisions are referenced in the text of the order.

Reasoning and analysis

The order does not include reasons for the court's decision to grant leave. Justice LeBlanc's ruling consists of two brief paragraphs directing the outcome of the motion without elaborating on the grounds for allowing leave to appeal or on the merits of the underlying matter.

Ruling and overall outcome

Justice LeBlanc allowed the motion for leave to appeal brought by the Attorney General of Canada, the successful party on the motion, and ordered that the Appellant file and serve its Notice of Appeal no later than August 4, 2026. Costs were not determined in this decision; the order specifies that costs will instead be decided by the panel assigned to hear the appeal, so no monetary amount can be determined from this document.