The Alberta Court of Appeal dismissed an application for leave to appeal from a decision of the Edmonton Subdivision and Development Appeal Board. The Court held that applicant’s grounds for appeal did not raise questions of law alone and thus the Court lacked expertise and jurisdiction to set aside the Board’s findings. Further, the Court held that the applicant’s suggestion that because one of the members of the panel which rendered the decision had previously ruled on a similar case, he appears to have been biased had no chance of success in the Court of Appeal and leave was not granted on that ground.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Judicial review – Bias – Jurisdiction of court McCauley Community League v. Edmonton (City), [2012] A.J. No. 1077, 2012 ABCA 314, Alberta Court of Appeal, October 30, 2012, J.E.L. Côté J.A. The applicant, the McCauley Community League, applied for leave to ...

The Applicant (1447743 Alberta Ltd.) sought leave to appeal a decision of the Respondent City’s Subdivision and Development Appeal Board, which overturned the City’s previous decision to issue a development permit to the Applicant. As a preliminary matter on the leave to appeal application, the Applicant raised concerns regarding the permissible degree of participation of the Board in the leave to appeal application.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Appeals – Leave to appeal – Tribunal’s power to participate in leave application – Tribunal’s power to consider its own decisions – Judicial review – Jurisdiction – Parties – Standing 1447743 Alberta Ltd. v. Calgary (City), [2011] A.J. No. 263, 2011 ...

The Court allowed the appeal of a company from a decision of the Subdivision and Development Appeal Board of Parkland County regarding a stop order issued to the appellant for unauthorized storage of pipe on its land. Unbeknownst to the appellant, the County’s Manager of Planning and Development Services remained in the hearing room while the Board deliberated and decided the appeal, thereby giving rise to a reasonable apprehension of bias.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Municipalities – By-laws – Judicial review – Hearings – Conduct of hearings – Procedural requirements and fairness – Reasonable apprehension of bias – Standard of review – Correctness 506221 Alberta Ltd. v. Parkland (County), [2008] A.J. No. 261, Alberta Court of ...

The Court allowed an appeal from a decision of the Respondent Appeal Board which had set aside the Appellant’s development permit. The Court found that there was a reasonable apprehension of bias on the part of one of the members of the Board, and the matter was remitted for a re-hearing.

27. June 2006 0
Administrative law – Municipalities – Planning and zoning – Decisions of administrative tribunals – Subdivision and Development Appeal Board – Hearings – Judicial review – Bias – Natural justice Mountain Creeks Ranch Inc. v. Yellowhead (County) Subdivision and Development Appeal Board, [2006] A.J. No. 398, Alberta Court of Appeal, April 12, 2006, Conrad, Berger and Ritter JJ.A. The ...