The New Brunswick government wants the Court of King's Bench to toss out American Iron & Metal's request for a judicial review of the environment minister's decision to suspend the company's approval to operate. The suspension at its Saint John scrapyard followed last fall's massive fire. The province has filed a notice of motion seeking an order "striking out and dismissing" AIM's application of Feb.
12, on the basis it has become a moot point, as the company's approval to operate expired at the end of April. The company unsuccessfully attempted to have its approval to operate the waterfront metal recycling plant on the city's west side renewed, documents recently filed with the Saint John courthouse reveal — another decision the company plans to challenge in court. "There is no longer any 'live controversy' between the parties," lawyers for the province argue in the notice of motion, noting AIM "admits and concedes" in its application for review that its approval was valid only until April 30.
"Quashing or setting aside the minister's decision to suspend the now expired approval to operate would not have any practical effect because it would not alter the legal relationship between the parties," Frederick McElman and Lara Greenough, of Stewart McKelvey, contend. 'Abuse of process,' and 'frivolous' In addition, they argue AIM's application does not raise issues of broad relevance or a novel question of law. As a result, AIM's application "fails to disclose a reasonable cla.
