MORRIS v 1934809 ALBERTA LTD, 2018 ABQB 299
3.68: Court options to deal with significant deficiencies
The Applicants, a landowners group, sought judicial review of a Decision by the Cardston County Subdivision and Development Appeal Board (“SDAB Decision”) which dismissed the Applicants’ Appeal of a development permit issued to 1934809 Alberta Ltd. (“Westbrook”).
Westbrook applied to dismiss the Judicial Review Application pursuant to Rule 3.68. Westbrook argued that, although the Court has the jurisdiction and discretion to judicially review the SDAB Decision, the Court should decline to do so because an adequate alternate remedy existed at law.
Justice Kubik considered Rule 3.68 and found that a statutory right of Appeal of the SDAB Decision existed for the Applicants. This statutory right of Appeal was an adequate alternate remedy to Judicial Review. Further, there were no extant special circumstances which would cause the Court to exercise its inherent jurisdiction. For these reasons, Kubik J. granted Westbrook’s Application and dismissed the Judicial Review Application pursuant to Rule 3.68.View CanLII Details