Introduction The Court of Appeal of New Brunswick is the highest court in the Province

  http://www.gnb.ca/cour/03coa1/index-e.asp

The Court of Appeal of New Brunswick , is a Court of Law that is empowered to hear an appeal of any decision from the lower Trial Court Division or any other lower tribunal on the premise The Court of Appeal of New Brunswick  is a Court of Law that is intended to correct the errors made by lower Courts.

The Court of Appeal of New Brunswick is usually restricted to examining whether the Court and or Judge, from which the decision is being Appealed, further that the Judge had made the correct legal determinations (for example) not biased as is there a Reasonable A pprehension of Bias, rather than the presiding judge objectively hearing direct evidence, thereby correctly determining that the facts are based on argument offered by the parties to the action.
 Furthermore, Court of Appeal is usually restricted to hearing Appeals based on matters that were originally brought up before the Trial Court. Hence, Court of Appeal will not, however, consider an appellant’s argument if it is based on a theory that is raised for the first time in the Court of Appeal hearing.

Parties before the Court of Appeal should be allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of any hearing and or trial may bring an ‘appeal’ to contest that outcome. The Court of Appeal must find an error on the part of the court below that justifies upsetting the verdict. Only a small proportion of New Brunswick’s Trial Court decisions result in successful appeals.

“The Court of Appeal is the highest court in this province; hears appeals in criminal and civil matters. It hears appeals from the Court of Queen’s Bench, Probate Court, Provincial Court (indictable offences) and various administrative tribunals, for example, the appeals tribunal under the Workplace Health, Safety and Compensation Commission Act. The court sits in Fredericton, although it may sit elsewhere if the Chief Justice of New Brunswick so directs.” per (http://www.gnb.ca/cour/overview-e.asp#ca)
In our jurisdiction, the court system is divided into three levels:

  1.  the trial division court:  initially hears cases and reviews evidence and testimony to determine the facts of the case; 
  2. the appellate court; 
  3. and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts. A jurisdiction’s supreme court is that jurisdiction’s highest appellate court.

To understand what is the function The Court of Appeal of New Brunswick, it may be helpful to understand the concepts of Procedural Fairness and or Natural Justice, which The Court of Appeal of New Brunswickl concerns itself with.

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