BILL 38

An Act to Amend the Judicature Act

His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the English version of the Judicature Act, Chapter J-2 of the Revised Statutes, 1973, is amended in the definition “Chief Justice” by striking out “his” wherever it appears and substituting “the Chief Justice’s”.

2 Subsection 4(3) of the Act is repealed.

3 Subsection 6(2.1) of the Act is repealed.

4 Section 7.1 of the English version of the Act is amended by striking out “he” wherever it appears and substituting “the judge” and by striking out “his” and substituting “the judge’s”.

5 Section 7.2 of the English version of the Act is amended

(a)  in subsection (1) by striking out “his or her” and substituting “a”;

(b)  in subsection (2) by striking out “his or her” and substituting “the Chief Justice’s”;

(c)  in subsection (3) by striking out “he or she” and “his or her” and substituting “the Chief Justice” and “the judge’s”, respectively.

6 The Act is amended by adding after section 7.2 the following:

Meetings and conferences

7.3( 1) For the purpose of section 41 of the Judges Act (Canada), a judge of the Court of Appeal is authorized to attend, with the approval of the Chief Justice of New Brunswick, a meeting, conference or seminar that is held for a purpose relating to the administration of justice.

7.3( 2) For the purpose of section 41 of the Judges Act (Canada), a judge of the Court of King’s Bench is authorized to attend, with the approval of the Chief Justice of the Court of King’s Bench, a meeting, conference or seminar that is held for a purpose relating to the administration of justice.

7 Section 8 of the English version of the Act is amended

(a)  in subsection (6) by striking out “his” and “he” and substituting “the judge’s” and “the judge”, respectively;

(b)  in subsection (6.1) by striking out “he” and substituting “the judge”;

(c)  in subsection (7) by striking out “him” wherever it appears and substituting “the judge”.

8 Subsection 11.3(1) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “his” and substituting “the judge’s”.

9 Subsection 11.4(1) of the English version of the Act is amended by striking out “his” and substituting “the judge’s”.

10 The heading “Commencement” preceding section 11.5 of the Act is repealed.

11 Section 11.5 of the Act is repealed.

12 The heading “Appeal in accordance with subsection 8(3)” preceding section 11.51 of the Act is repealed.

13 Section 11.51 of the Act is repealed.

14 Subsection 12.01(2) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “his or her” and substituting “the Chief Justice’s”.

15 Section 12.1 of the English version of the Act is amended by striking out “he” and substituting “the Chief Justice”.

16 Section 12.2 of the English version of the Act is amended by striking out “he” and substituting “the Chief Justice”.

17 Section 20 of the English version of the Act is amended

(a)  in subsection (3) by striking out “he” and substituting “the judge”;

(b)  in subsection (4) by striking out “he” and substituting “the judge”.

18 Subsection 22(3) of the English version of the Act is amended in the portion following paragraph (b) by striking out “he” and substituting “the Attorney General”.

19 Section 23 of the English version of the Act is amended

(a)  in subsection (2) by striking out “for his information” and “his opinion and his reasons” and substituting “for the Lieutenant-Governor in Council’s information” and “the judge’s opinion and reasons”, respectively;

(b)  in subsection (3) in the portion following paragraph (c) by striking out “he may be heard if he” and substituting “the Attorney General may be heard if the Attorney General”.

20 Subsection 26(5) of the English version of the Act is repealed and the following is substituted:

26( 5) The Court and every judge thereof may grant to a defendant, in respect of any equitable estate or right, or other matter of equity, and also in respect of any legal estate, right or title claimed or asserted by the defendant, all such relief against any plaintiff or petitioner as the defendant has properly claimed by the defendant’s pleading and as the Court, or any judge thereof, might have granted in any suit instituted for that purpose by the same defendant against the same plaintiff or petitioner; and also all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter, or not, who has been duly served with notice in writing of such claim pursuant to any Rule of Court, or any order of the Court that might properly have been granted against such person if the person had been a defendant to a cause duly instituted by the same defendant for the like purpose; and every person served with any such notice shall thenceforth be deemed a party to the cause or matter, with the same rights in respect of their defence against such claim as if the person had been duly sued in the ordinary way by the defendant.

21 Subsection 27(1) of the English version of the Act is amended by striking out “his” and substituting “the person’s”.

22 Section 30 of the English version of the Act is amended by striking out “his” and “him jointly with any other person, and in that case he” and substituting “the mortgagor’s” and “the mortgagor jointly with any other person, and in that case the mortgagor”, respectively.

23 Section 31 of the English version of the Act is amended by striking out “him, or of any other opposing or conflicting claim to such debt or chose in action, he is entitled, if he thinks fit, to call upon the several persons making claim thereto to interplead concerning the same or he may, if he” and substituting “the assignor, or of any other opposing or conflicting claim to such debt or chose in action, the person is entitled, if the person thinks fit, to call upon the several persons making claim thereto to interplead concerning the same or the person may, if the person”.

24 Section 33 of the Act is amended by striking out “; but without the leave of the Attorney General no injunction shall be applied for that, if granted, would delay or prevent the construction or operation of any manufacturing or industrial plant on the ground that the discharge from such plant is injurious to some other interest”.

25 Section 37 of the English version of the Act is amended by striking out “him” and substituting “the person”.

26 Section 48 of the English version of the Act is amended

(a)  in subsection (1) by striking out “him” and substituting “the Registrar”;

(b)  in subsection (2) by striking out “him” wherever it appears and substituting “the Minister of Finance and Treasury Board”;

(c)  in subsection (3) by striking out “him or her” wherever it appears and substituting “the Minister of Finance and Treasury Board”.

27 Subsection 57(1) of the English version of the Act is amended by striking out “his” and substituting “an”.

28 Section 58 of the English version of the Act is amended by striking out “he” and substituting “, the Registrar”.

29 Section 59 of the English version of the Act is amended by striking out “he” wherever it appears and substituting “the Registrar”.

30 Section 60 of the English version of the Act is amended

(a)  in subsection (2) by striking out “he may” and “they or he thinks fit” and substituting “the Registrar may” and “the Court or the judge thinks fit”, respectively;

(b)  in subsection (4) by striking out “him” and substituting “the Registrar”.

31 Section 60.1 of the English version of the Act is amended by striking out “he” and substituting “the Lieutenant-Governor in Council”.

32 Subsection 62(1) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “his”.

33 Section 63 of the English version of the Act is amended by striking out “his or”.

34 Section 67 of the English version of the Act is amended by striking out “allow him” and “payable to him” and substituting “allow” and “payable”, respectively.

35 Subsection 68(4) of the Act is repealed.

36 Subsection 70(3) of the English version of the Act is amended by striking out “him” and substituting “the clerk or the administrator”.

37 Section 71 of the English version of the Act is amended by striking out “his”.

38 Subsection 73.1(1) of the English version of the Act is amended

(a)  in paragraph (a) by striking out “him” and “chairman” and substituting “the Chief Justice of New Brunswick” and “chair”, respectively;

(b)  in paragraph (b) by striking out “him” and substituting “the Chief Justice of the Court of King’s Bench”;

(c)  in paragraph (c) by striking out “his” and substituting “the President’s”;

(d)  in paragraph (d) by striking out “his” and substituting “the Attorney General’s”.

39 The heading “References, practices” preceding section 74 of the Act is repealed.

40 Section 74 of the Act is repealed.

41 The heading “Matters continued, records and files” preceding section 80 of the Act is repealed.

42 Section 80 of the Act is repealed.

43 The heading “Matter to be dealt with by Court of Queen’s Bench” preceding section 81 of the Act is repealed.

44 Section 81 of the Act is repealed.

45 The heading “Cause or matter continued under section 80, affidavits, directions” preceding section 82 of the Act is repealed.

46 Section 82 of the Act is repealed.

47 The heading “Matter to be dealt with by Court of Appeal, records and files” preceding section 84 of the Act is repealed.

48 Section 84 of the Act is repealed.

49 The heading “Matter continued under section 84, affidavits, directions” preceding section 85 of the Act is repealed.

50 Section 85 of the Act is repealed.