Latest news with #AlbertaCourtofAppeal
Calgary Herald
27-05-2025
- Politics
- Calgary Herald
Alberta Court of Appeal dismisses Grassy Mountain appeals made by Northback and Piikani, Stoney Nakoda Nations
Article content The Alberta Court of Appeal dismissed Tuesday appeals made by an Australia-based mining company and two First Nations for a new hearing over a proposed coal mine along the Eastern Slopes of the Rocky Mountains. Article content Article content In 2021, the Alberta Energy Regulator (AER), acting as part of a joint provincial-federal review panel, had turned down provincial approval for the Grassy Mountain project proposed by Benga Mining, now Northback Holdings. The federal government also rejected the proposal that year. Article content Article content Benga, Piikani Nation and Stoney Nakoda Nation challenged the AER decision, appealing both to the Alberta Court of Appeal as well as filing applications for a judicial review in the Court of King's Bench. Article content Article content Permission to appeal to the Court of Appeal was denied, and Justice Allison Kuntz turned down three separate judicial review applications made to the Court of King's Bench in December 2023. Article content Following an Oct. 8 hearing, Justices Jane Fagnan and Karan M. Shaner upheld the dismissal of the judicial review applications, with Chief Justice Ritu Khullar dissenting. Article content In their majority decision, the justices noted that Kuntz had pointed out that none of the judicial review applications challenged the constitutional validity of section 56 of the Responsible Energy Development Act (REDA), which prohibits judicial review. Article content Kuntz had dismissed the judicial review applications because they were barred by the REDA section. Article content Article content In upholding that 2023 ruling, the justices wrote that Northback and the two First Nations were essentially arguing that the section is 'ineffective for constitutional reasons.' Article content Article content 'The appellants did not provide timely notice of the constitutional issue raised before the chambers justice,' the justices concluded in Tuesday's ruling. Article content 'In the circumstances, the chambers justice did not err in determining that s 56 barred judicial review by the Court of King's Bench in this case.' Article content
Yahoo
06-05-2025
- Business
- Yahoo
Calgary homeowner livid after city proposes bylaw change mid-fight
Evgeny Zhuromsky has lived in his home in the southwest community of Windsor Park for 10 years. Zhuromsky, pictured with his wife Elena Petrenko, is fighting a rowhouse development next door in court, and was frustrated to learn that the city released a development permit while he has a provincial appeal underway — and is proposing to change the bylaw altogether. (Karina Zapata/CBC - image credit) When Evgeny Zhuromsky won the right to appeal a major infill development next door, he thought he finally had a chance. He figured the company developing a nine-unit row house on his next-door neighbour's land would be forced to pause until he finally got his day in court. Now the rules could change. Calgary city council is being asked to vote Tuesday on a bylaw change that would allow homebuilders to proceed with a project even if it's before the Alberta Court of Appeal. And Zhuromsky feels it's desperately unfair. "Residents of Calgary … are penalized for not following or breaking bylaws, like, for example, if you over park or do not shovel your sidewalk on time," said Zhuromsky. ADVERTISEMENT "That's a double standard because they require you and me and all Calgarians to follow bylaws and they allow themselves not to." Construction has begun on the rowhouse development directly next door to Evgeny Zhuromsky's house. It will include five units and four secondary suites — unless Zhuromsky wins his appeal. (Karina Zapata/CBC) Zhuromsky lives in Windsor Park, one lot in from the corner. He lost his appeal to the Subdivision and Development Appeal Board, then won the right to have his appeal heard at the provincial court. But the developer has already dug a hole and started laying the foundation for the row house next door after the city recently released the permit, despite Zhuromsky's appeal. These developments are happening across the city , one year after city council passed blanket rezoning last spring. They're mainly being built in inner-city neighbourhoods like Bowness, but they're starting to pop up in established communities farther from the city centre, too. Many are being appealed to the Subdivision and Development Appeal Board, a quasi-judicial board that can revoke individual city permits. But that process can take months, and it's even longer if it's brought to court. And for developers, that means costly delays. ADVERTISEMENT That could change if council approves this move on Tuesday. But lawyers warn that will make it much more expensive and difficult for Calgarians who want to stop a development that affects them. Delays cost up to $500 a day The designer of the row house development, Designhaus Studio, declined to comment on behalf of its client, Best Investment Group, since the case is before the courts. The Calgary Inner City Builders Association, a group of more than 200 developers, didn't know about the proposed bylaw change. But chair Shameer Gaidhar has had concerns about the cost of appeals for a long time. Shameer Gaidhar is the president and CEO of Millenium Plus Homes. He's also the chair of the Calgary Inner City Builders Association. (Bryan Labby/CBC) He said the appeal process is important — Calgarians deserve that right. But it costs an average of $200 to $500 per day when a project sits empty, he said. "It costs money for the appellant, it costs money for the developer. In the end, there's a cost. That cost gets passed on to the end user. Let it be the renter, let it be the buyer. Whatever it is, someone has to pay for it. So we're eroding affordability," said Gaidhar. ADVERTISEMENT Gaidhar said he needs to learn more about the bylaw change before commenting on what it means for developers. Councillors, city decline to comment Ward 11 Coun. Kourtney Penner, whose ward includes Windsor Park, wouldn't comment on the situation because it's related to Zhuromsky's appeal before the courts. Coun. Sonya Sharp's ward is hot with development. Her team reached out to city administration to get clarity on the bylaw change, however they couldn't give an answer — but indicated all councillors would receive an update ahead of the public hearing. So the Ward 1 councillor declined to comment. The city also declined to comment on the particular part of the proposed bylaw change that would allow development permits to be released, even when a provincial appeal is underway. ADVERTISEMENT "The City of Calgary believes that Calgarians are an important part of building a great city. Throughout the planning process Calgarians can provide feedback and comments for consideration. More information on how Calgarians can get involved in the planning process can be found in the Community Involvement Toolkit. " 'A disastrous effect' Randi Collins, a Calgary lawyer whose specialty includes real estate, said as the land use bylaw stands today, the city can't release development permits while a provincial appeal is underway. But she said it's well within the city's right to change its bylaw. If it's approved, Collins said anyone who wants to stop a development from going ahead would have to go through another complicated and costly process: going to court and obtaining an injunction. "It is actually a disastrous effect, in my opinion," said Collins. "Essentially, the average person is going to have little recourse without expending large sums of money and navigating a very difficult legal system to do anything about it, which is concerning." An example of row housing in Calgary. These are popping up across Calgary when corner lots become available for redevelopment. (Robson Fletcher/CBC) Collins said it speaks to a larger issue. "Sometimes if the municipality is on board with a development, there's going to be little that you can do about it," she said. "Municipal governments actually have quite a lot of rights and a lot of power, and the court system does hesitate to intervene unless there's a clear abuse of that power. So it's unfortunate for the average person." Running out of time It's been a long, difficult and expensive process for Zhuromsky to fight his next-door development, and he feels like he's running out of time. The cost engineer in the oilpatch, who's lived in his home in Windsor Park for 10 years, is still waiting for a court date to be set so his appeal can be heard. Until then, all he can do is watch construction proceed. "[The developers] aren't doing anything that they're not supposed to be doing. It's the City of Calgary that … allowed them," said Zhuromsky. While he considered applying for an injunction, he just doesn't think it's practical. So he's hanging on to hope that he'll win the appeal. "I hope that if I win and they have to reapply, they will change the design so the structure that they are building now as we speak is per the municipal development plan, is complementary, sensitive and compatible with the rest of the community." In the meantime, he plans to attend the public hearing on Tuesday to ask city councillors to say no to the change.
CBC
05-05-2025
- Business
- CBC
Calgary homeowner livid after city proposes bylaw change mid-fight
Social Sharing When Evgeny Zhuromsky won the right to appeal a major infill development next door, he thought he finally had a chance. He figured the company developing a nine-unit row house on his next-door neighbour's land would be forced to pause until he finally got his day in court. Now the rules could change. Calgary city council is being asked to vote Tuesday on a bylaw change that would allow homebuilders to proceed with a project even if it's before the Alberta Court of Appeal. And Zhuromsky feels it's desperately unfair. "Residents of Calgary … are penalized for not following or breaking bylaws, like, for example, if you over park or do not shovel your sidewalk on time," said Zhuromsky. "That's a double standard because they require you and me and all Calgarians to follow bylaws and they allow themselves not to." Zhuromsky lives in Windsor Park, one lot in from the corner. He lost his appeal to the Subdivision and Development Appeal Board, then won the right to have his appeal heard at the provincial court. But the developer has already dug a hole and started laying the foundation for the row house next door after the city recently released the permit, despite Zhuromsky's appeal. These developments are happening across the city, one year after city council passed blanket rezoning last spring. They're mainly being built in inner-city neighbourhoods like Bowness, but they're starting to pop up in established communities farther from the city centre, too. Many are being appealed to the Subdivision and Development Appeal Board, a quasi-judicial board that can revoke individual city permits. But that process can take months, and it's even longer if it's brought to court. And for developers, that means costly delays. That could change if council approves this move on Tuesday. But lawyers warn that will make it much more expensive and difficult for Calgarians who want to stop a development that affects them. Delays cost up to $500 a day The designer of the row house development, Designhaus Studio, declined to comment on behalf of its client, Best Investment Group, since the case is before the courts. The Calgary Inner City Builders Association, a group of more than 200 developers, didn't know about the proposed bylaw change. But chair Shameer Gaidhar has had concerns about the cost of appeals for a long time. He said the appeal process is important — Calgarians deserve that right. But it costs an average of $200 to $500 per day when a project sits empty, he said. "It costs money for the appellant, it costs money for the developer. In the end, there's a cost. That cost gets passed on to the end user. Let it be the renter, let it be the buyer. Whatever it is, someone has to pay for it. So we're eroding affordability," said Gaidhar. Gaidhar said he needs to learn more about the bylaw change before commenting on what it means for developers. Councillors, city decline to comment Ward 11 Coun. Kourtney Penner, whose ward includes Windsor Park, wouldn't comment on the situation because it's related to Zhuromsky's appeal before the courts. Coun. Sonya Sharp's ward is hot with development. Her team reached out to city administration to get clarity on the bylaw change, however they couldn't give an answer — but indicated all councillors would receive an update ahead of the public hearing. So the Ward 1 councillor declined to comment. The city also declined to comment on the particular part of the proposed bylaw change that would allow development permits to be released, even when a provincial appeal is underway. "The City of Calgary believes that Calgarians are an important part of building a great city. Throughout the planning process Calgarians can provide feedback and comments for consideration. More information on how Calgarians can get involved in the planning process can be found in the Community Involvement Toolkit." 'A disastrous effect' Randi Collins, a Calgary lawyer whose specialty includes real estate, said as the land use bylaw stands today, the city can't release development permits while a provincial appeal is underway. But she said it's well within the city's right to change its bylaw. If it's approved, Collins said anyone who wants to stop a development from going ahead would have to go through another complicated and costly process: going to court and obtaining an injunction. "It is actually a disastrous effect, in my opinion," said Collins. "Essentially, the average person is going to have little recourse without expending large sums of money and navigating a very difficult legal system to do anything about it, which is concerning." Collins said it speaks to a larger issue. "Sometimes if the municipality is on board with a development, there's going to be little that you can do about it," she said. "Municipal governments actually have quite a lot of rights and a lot of power, and the court system does hesitate to intervene unless there's a clear abuse of that power. So it's unfortunate for the average person." Running out of time It's been a long, difficult and expensive process for Zhuromsky to fight his next-door development, and he feels like he's running out of time. The engineer, who's lived in his home in Windsor Park for 10 years, is still waiting for a court date to be set so his appeal can be heard. Until then, all he can do is watch construction proceed. "[The developers] aren't doing anything that they're not supposed to be doing. It's the City of Calgary that … allowed them," said Zhuromsky. While he considered applying for an injunction, he just doesn't think it's practical. So he's hanging on to hope that he'll win the appeal. "I hope that if I win and they have to reapply, they will change the design so the structure that they are building now as we speak is per the municipal development plan, is complementary, sensitive and compatible with the rest of the community." In the meantime, he plans to attend the public hearing on Tuesday to ask city councillors to say no to the change.
Vancouver Sun
03-05-2025
- Politics
- Vancouver Sun
'A positive first step,' Danielle Smith says of meeting with Mark Carney on Friday
EDMONTON — Alberta Premier Danielle Smith says she has had a 'positive' meeting with Prime Minister Mark Carney. Article content Article content The meeting is the first since Carney's Liberals won Monday's election and Smith warned the prime minister of any 'hostile acts' his new government might take against her province. Article content Smith, who frequently diminished Carney throughout the election campaign in favour of Conservative Leader Pierre Poilievre, said on social media Friday that she and Carney had a lengthy conversation about policies and legislation that are holding back Alberta's energy economy. Article content 'We also discussed our ongoing trade dispute with the United States and how the federal government can work co-operatively with our province to advance both Canada's and Alberta's interests,' Smith said. Article content 'Repairing the damage to Alberta's economy caused by Ottawa's last 10 years of anti-resource legislation and policies will take tremendous effort and co-operation, however, today's conversation was a positive first step.' Article content Just finished a positive first meeting with Prime Minister @MarkJCarney. We spoke at length about the policies and legislation that are holding back Alberta's economy, and specific proposals for projects and legislative reforms that will significantly increase market access for… — Danielle Smith (@ABDanielleSmith) May 2, 2025 Article content It comes after she called on Carney to reset the relationship between Ottawa and Alberta. Article content Article content It also comes after her government tabled legislation this week that lowers the bar for citizens to initiate referendums, including referendums on Alberta separating from Canada. Article content Indigenous leaders from across the province and country have condemned the move, saying Smith is stoking separatism and violating treaty commitments in the process. 'Inviting individuals to vote on questions to take treaty land is absurd, and contrary to the nation-to-nation sacred covenants that we agreed to at the time of treaty making,' said Sturgeon Lake Cree Nation Chief Sheldon Sunshine at a press conference Friday. Article content Smith has said the legislation makes it easier for Albertans to participate in democracy and that she didn't want to presuppose which referendum questions might arise. Article content Leading up to the election, Smith had also issued a list of demands for the next prime minister and pledged to strike a panel to ask Albertans what they would want if the Liberals won a fourth consecutive term. Article content Article content On Thursday, Smith's government also initiated court action against Ottawa — just three days into Carney's term and before he's appointed a cabinet — referring a question of constitutionality of the federal government's clean electricity grid regulations to the Alberta Court of Appeal. Article content Article content Smith has argued the regulations, which were finalized late last year, are an example of federal overreach and will do nothing but harm the affordability and reliability of Alberta's electricity grid. Article content Abandoning the regulations was one of Smith's nine demands, and she said Thursday that she had received no indication that Carney planned to take action on the file. Article content Another demand Smith had was for Ottawa to offer guarantees that pipelines could be built in every direction, and she said on social media Friday that Carney 'made it clear he intended to rapidly advance these kinds of nation-building projects in the coming weeks and months.' Article content
Calgary Herald
03-05-2025
- Politics
- Calgary Herald
'A positive first step,' Danielle Smith says of meeting with Mark Carney on Friday
EDMONTON — Alberta Premier Danielle Smith says she has had a 'positive' meeting with Prime Minister Mark Carney. Article content Article content The meeting is the first since Carney's Liberals won Monday's election and Smith warned the prime minister of any 'hostile acts' his new government might take against her province. Article content Smith, who frequently diminished Carney throughout the election campaign in favour of Conservative Leader Pierre Poilievre, said on social media Friday that she and Carney had a lengthy conversation about policies and legislation that are holding back Alberta's energy economy. Article content 'We also discussed our ongoing trade dispute with the United States and how the federal government can work co-operatively with our province to advance both Canada's and Alberta's interests,' Smith said. Article content 'Repairing the damage to Alberta's economy caused by Ottawa's last 10 years of anti-resource legislation and policies will take tremendous effort and co-operation, however, today's conversation was a positive first step.' Article content Just finished a positive first meeting with Prime Minister @MarkJCarney. We spoke at length about the policies and legislation that are holding back Alberta's economy, and specific proposals for projects and legislative reforms that will significantly increase market access for… — Danielle Smith (@ABDanielleSmith) May 2, 2025 Article content It comes after she called on Carney to reset the relationship between Ottawa and Alberta. Article content Article content It also comes after her government tabled legislation this week that lowers the bar for citizens to initiate referendums, including referendums on Alberta separating from Canada. Article content Indigenous leaders from across the province and country have condemned the move, saying Smith is stoking separatism and violating treaty commitments in the process. Article content 'Inviting individuals to vote on questions to take treaty land is absurd, and contrary to the nation-to-nation sacred covenants that we agreed to at the time of treaty making,' said Sturgeon Lake Cree Nation Chief Sheldon Sunshine at a press conference Friday. Article content Smith has said the legislation makes it easier for Albertans to participate in democracy and that she didn't want to presuppose which referendum questions might arise. Article content Leading up to the election, Smith had also issued a list of demands for the next prime minister and pledged to strike a panel to ask Albertans what they would want if the Liberals won a fourth consecutive term. Article content Article content On Thursday, Smith's government also initiated court action against Ottawa — just three days into Carney's term and before he's appointed a cabinet — referring a question of constitutionality of the federal government's clean electricity grid regulations to the Alberta Court of Appeal. Article content Article content Smith has argued the regulations, which were finalized late last year, are an example of federal overreach and will do nothing but harm the affordability and reliability of Alberta's electricity grid. Article content Abandoning the regulations was one of Smith's nine demands, and she said Thursday that she had received no indication that Carney planned to take action on the file. Article content Another demand Smith had was for Ottawa to offer guarantees that pipelines could be built in every direction, and she said on social media Friday that Carney 'made it clear he intended to rapidly advance these kinds of nation-building projects in the coming weeks and months.' Article content
