Stoney Nakoda (“Stoney”) brought an Originating Application seeking an Order declaring certain bylaws passed by the Town of Canmore as invalid or void for a purported failure to discharge certain constitutional duties said to be owed to Stoney. Three Sisters Mountain Village Properties Ltd. (“Three Sisters”) applied to be added as a party to the proceedings. Three Sisters was instrumental in having the bylaws implemented after a lengthy Court battle. Three Sisters required the bylaws for land development purposes.

Justice Park noted that Rule 3.75 allows a Respondent to be added as a party to a proceeding brought by Originating Application if the Court is satisfied that the Order should be made, and that the Court retains residual discretion even if the joinder test is not met.

Justice Park began by finding that Three Sisters had a legal interest in the outcome of the proceedings and then went on to consider whether it was just and convenient to add Three Sisters as a party. Stoney served their Originating Application on Three Sisters pursuant to Rule 3.15, which Three Sisters argued signaled that it was just and convenient for them to be added as a party. The Court agreed, finding that Three Sisters was directly affected by the outcome of the Originating Application. Three Sisters’ Application was ultimately granted.