The City of Saint John told the Court of King's Bench on Wednesday that its 2025 decision to expand the Spruce Lake Industrial Park north of Lorneville was the product of a consultative democracy in progress, not a predetermined outcome by councillors.
City legal counsel Jonathan O'Kane and representatives appeared before Justice Kathryn Gregory for the second day of a two-day judicial review. The hearing was brought by Lorneville residents — including Adam Wilkins, Shayne Galbraith and Chris Watson — who are asking the court to quash the 2025 zoning and land designation decision and send the matter back to council for fresh consideration.
City emphasises extensive community engagement
In its court submissions, the city argues council went "above and beyond" what was required before voting to create a task force to examine the expansion proposal. That task force, the city says, met with the community on seven separate occasions and produced revisions to the original plan.
"Council did not need to actually engage in further consultations,"
O'Kane told the court, noting the city's decision to convene the task force and to alter elements of the proposed expansion in response to community input. He said certain operations that would have been permitted by the original proposal — such as an asphalt or cement plant — were no longer allowed after those revisions, a change he described as a "genuine attempt from the city to modify the proposal to account for" community concerns.
Residents challenge procedural fairness and reasonableness
The applicants, representing the rural west Saint John community of Lorneville, argued on Tuesday that the council's 2025 decision was flawed on grounds of procedural fairness and reasonableness. They are self-represented and previously appeared to make their case before the city presented its fuller response.
The court must now determine whether the city's process and the substance of its decision meet the legal standards that govern municipal zoning and designation changes. The judicial review centres on whether the 2025 decision should be set aside and remitted to council for reconsideration.
Long-running conflict between city and Lorneville
The proceedings are a focal point in a dispute that has been unfolding for more than two years between the City of Saint John — including staff and council — and a portion of Lorneville residents opposed to the industrial park's expansion. Both sides brought supporters and witnesses to the courtroom as the judge heard submissions over two days.
City counsel asked Justice Gregory to dismiss the application and award costs to the municipality. The residents seek a different outcome: that the decision be quashed and returned to council so the matter can be reconsidered from a fresh perspective.
- Issue: Judicial review of 2025 expansion of Spruce Lake Industrial Park
- Applicants: Lorneville residents Adam Wilkins, Shayne Galbraith, Chris Watson
- City position: Process was consultative; task force met seven times and revised proposal
| Item | Detail |
|---|---|
| Year of decision | 2025 |
| Number of task force meetings | 7 |
| Court | Court of King's Bench (Justice Kathryn Gregory) |
The judge's ruling will shape how the city balances industrial development ambitions with community concerns in a part of Saint John where residential neighbourhoods and industrial zones are in close proximity. Any decision to quash the 2025 zoning change would return the debate to council and could require further public engagement or revised planning measures.
For residents of Lorneville and surrounding areas, the case has raised questions about municipal transparency and the adequacy of consultation. For the city, the outcome could influence how it approaches future land-use decisions and task-force-driven amendments to planning proposals.
Justice Gregory is expected to reserve judgment after hearing the arguments presented during the two-day review.
