The Applicant sought to strike the Respondent’s Application for permission to appeal a decision of the Edmonton Subdivision and Development Appeal Board on the basis that the Notice of Application was not properly served in accordance with the Municipal Government Act.

The Respondent had initially named the wrong parties in its Notice of Application and failed to name to the Applicant, the City of Edmonton. The Case Management Office amended the Notice of Application, but notwithstanding this amendment, the Respondent had failed to serve the Notice of Application on all parties within the time prescribed.

The Respondent took the position that the late service of the Notice of Application did not result in any prejudice to the Applicant and requested that the Court cure the defective service by way of Order. The Court rejected the Respondent’s position and held that the time periods prescribed by the Municipal Government Act are mandatory and not within the discretion of the Court to vary. The Respondent failed to properly effect service upon the Applicant and, as a result, the Respondent’s Application for permission to appeal was struck pursuant to Rules 14.37(2)(b) and (c) for failure to comply with a mandatory rule.