Blackfalds (Town) v. Stryker, (2000) 263 A.R. 143 (QB)

• Judge: Johnstone, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 28, 2000
• Citations: (2000), 263 A.R. 143 (QB);2000 ABQB 193

Blackfalds v. Stryker (2000), 263 A.R. 143 (QB)

MLB headnote and full text

Temp. Cite: [2000] A.R. TBEd. AP.082

Town of Blackfalds (applicant) v. Richard Stryker (respondent)

(9910 001671; 2000 ABQB 193)

Indexed As: Blackfalds (Town) v. Stryker

Alberta Court of Queen's Bench

Judicial District of Red Deer

Johnstone, J.

March 31, 2000.

Summary:

A town applied for a determination of whether a town councillor was disqualified from serving on the basis that he had ceased to reside within the town.

The Alberta Court of Queen's Bench held that the councillor was not so disqualified.

Elections - Topic 1257

Candidates - Eligibility - Qualifications - Residence - A town applied for a deter­mination of whether a town councillor was disqualified from serving on the basis that he had ceased to reside within the town - The councillor had sold his house in the town, was renting accom­modation in another town from his in-laws, and intended to build another home on prop­erty that he owned in the town - His children remained in the town's schools - He received all his mail in the town - He retained his town phone num­ber, which forwarded his calls to his rental accommo­dations - The Alberta Court of Queen's Bench held that the councillor was still a resident of the town because he "[left] his home for a tempor­ary purpose", as per­mitted by s. 48(1)(b) of the Local Author­ities Election Act.

Elections - Topic 1257

Candidates - Eligibility - Qualifications - Residence - Sections 48(1)(a.1) and 48(1)(b) of the Local Auth­orities Election Act stated: "For the pur­poses of this Act, the place of residence is governed by the following rules: ... (a.1) the residence of a person is the place where he lives and sleeps and to which, when he is absent, he intends to return; (b) a person does not lose his residence by leaving his home for a temporary purpose ..." - The Alberta Court of Queen's Bench held that the interrelation of ss. 48(1)(a) and 48(1)(b) was unclear in the case before it and the resulting ambiguity was most appropriately resolved by referring to the common law indicia of ordinary resi­dence - See para­graph 23.

Municipal Law - Topic 668

Council members - Eligibility - Residence requirement - [See both Elections - Topic 1257 ].

Cases Noticed:

Fells v. Spence (1984), 54 A.R. 222 (N.W.T.S.C.), refd to. [para. 16].

Thomson v. Minister of National Revenue, [1946] 1 D.L.R. 689 (S.C.C.), refd to. [para. 16].

Chan et al. v. Minister of Manpower and Immigration, [1978] 1 F.C. 217; 16 N.R. 301 (F.C.A.), consd. [para. 22].

Patus v. Zurich Insurance Co., [1993] C.I.L.R. No. 1-2987; 87 Man.R.(2d) 158 (Q.B.), refd to. [para. 23].

St. John's Election, Re (1959), 22 D.L.R.(2d) 288 (Nfld. C.A.), refd to. [para. 25].

Foothills No. 31 (Municipal District) v. Jones (1990), 107 A.R. 213; 74 Alta. L.R.(2d) 126 (Q.B.), refd to. [para. 25].

Authors and Works Noticed:

Black's Law Dictionary (6th Ed. 1990) [para. 20].

Concise Oxford Dictionary (9th Ed. 1995) [para. 21].

Driedger, Elmer A., Construction of Stat­utes (3rd Ed. 1994), pp. 44 to 47, 52, 56, 58 [para. 31].

Counsel:

David L. Hardy, Q.C. (Schnell MacSween Hardy), for the applicant;

David R. Holman, for the respondent.

This application was heard on February 28, 2000, by Johnstone, J., of the Alberta Court of Queen's Bench, Judicial District of Red Deer, who delivered the following decision on March 31, 2000.