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.

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