When is a municipality’s development authority “acting judicially” and when it is not?
July 27, 2015
posted in: Legal Updates
In the case of Black Diamond (Town) v. 1058671 Alberta Inc., 2015 ABCA 169, the Alberta Court of Appeal reversed the decision of the Subdivision and Development Appeal Board on the basis that it erred in applying the common law doctrine of issue estoppel and set aside the stop order issued to the Respondent, 1058670 Alberta Inc. The Court of Appeal found the Town’s development authority was not acting judicially when it issued letters expressing concerns with the use of the land and setting out steps the owners should take. As a result, the Court held the Town was not estopped from issuing the stop order to the Respondent because the previous letters were not judicial acts and were not final decisions.
Kirk Lambrecht Q.C. has published two case comments. This first, entitled Will Governments Embrace Constitutional Imperatives Flowing from the Honour of the Crown?, compares the context of the decision of…Read More
Shores Jardine LLP is pleased to sponsor a table at the YWCA Edmonton’s Rose Campaign 2020. The Rose Campaign is held each year in honour of the memory of 14…Read More
On October 15, 2020, Kirk Lambrecht Q.C. presented to the CBA North Administrative Law section on the topic: Vavilov: Making Sense of Judicial Review and Statutory Appeal.Read More