Envision Edmonton Opportunities Society et al. v. Edmonton (City) 2012 ABCA 188
Municipal Law - Powers of municipalities - Judicial review of exercise of powers - Scope of powers of judicial review
The City of Edmonton closed an airport. Envision Edmonton Opportunities Society circulated a petition demanding that the city keep the airport open and presented the petition to the city. The city clerk rejected the petition because it was filed outside the time limit in s. 233(2) of the Municipal Government Act and it was not signed by the required number of electors. Envision applied for judicial review (mandamus), raising two distinct issues (i.e., the limitations issue (the first question) and the petition issue (second question). The city applied to have the first question severed and heard first.
The Alberta Court of Queen’s Bench, in a decision reported 507 A.R. 275, allowed the city’s application to sever the issues, ordering that the first question be dealt with first. The judicial review on the first question proceeded.
The Alberta Court of Queen’s Bench, in a decision reported 507 A.R. 298, determined that Envision was required to submit its petition within 60 days as required by s. 233(2) of the Municipal Government Act and was thus statute barred. Therefore the court dismissed the judicial review application. Envision appealed.
The Alberta Court of Appeal dismissed the appeal.