14.5: Appeals only with permission

Case Summary

The Applicant sought to Appeal a Decision of the Calgary Subdivision and Development Appeal Board (“SDAB”) to the Court of Appeal. The SDAB upheld the Calgary Planning Commission’s Decision to approve the Respondent’s permit Application to construct a new multi-residential apartment building, which was near the Applicant’s home. In a prior Decision Veldhuis J.A. had determined that the Applicant’s grounds of Appeal did not meet the test for granting permission to Appeal under section 688 of the Municipal Government Act, RSA 2000, c M-26.

The Applicant was seeking permission to reargue or reopen her Application before the Court, but did not state which Rule she relied upon for her Application. The Court found that the applicable Rule was Rule 14.5(1)(a), which directs that permission to Appeal must be obtained for a Decision made by a single Appellate Judge. Permission to Appeal will only be granted if an Applicant establishes that there is either a question of general importance, a possible error of law, an unreasonable exercise of discretion, or a misapprehension of important facts.

The Court of Appeal dismissed the Application. The Applicant failed to establish any ground for permission to Appeal. She argued that Veldhuis J.A. had misstated the Applicant’s grounds of Appeal of the SDAB’s Decision. Veldhuis J.A. found that the grounds of Appeal were not misstated.

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