Brown et al. v. Calgary (City) et al., (1979) 17 A.R. 78 (TD)

• Judge: Quigley, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 18, 1979
• Citations: (1979), 17 A.R. 78 (TD)

Brown v. Calgary (1979), 17 A.R. 78 (TD)

MLB headnote and full text

Brown et al. v. Calgary, City of et al.

(S.C. 144232)

Indexed As: Brown et al. v. Calgary (City) et al.

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Quigley, J.

April 18, 1979.

Summary:

This case arose out of a petition by the electors of the City of Calgary pursuant to s. 126.2 of the Municipal Government Act. The electors commenced an action for a declaration that the petition was valid. The defendant City of Calgary applied for a dismissal of the action on the ground that the petition was invalid.

The Alberta Supreme Court, Trial Division, declared the petition invalid and dismissed the action by the electors.

Municipal Law - Topic 7466

Plebiscites - Invalid petitions - Attempts to require a council to delegate its legislative authority - Electors of the City of Calgary petitioned the city council to submit a bylaw to the electors which would have required approval by the electors (in a plebiscite) of any increase in remuneration to members of the city council - The Alberta Supreme Court, Trial Division, declared that the petition was invalid because it was an attempt to require the city council to delegate its legislative authority - See paragraphs 8 to 23.

Municipal Law - Topic 1636

Powers of a municipality - Delegation of powers - Prohibition against delegation of legislative powers - The Alberta Supreme Court, Trial Division, stated that a municipal council cannot delegate its legislative powers in the absence of express statutory authority - See paragraph 11.

Municipal Law - Topic 7434

Plebiscites - Petition - Validity of petition, severance of invalid portion from valid portion - The Alberta Supreme Court, Trial Division, refused to sever an invalid portion in a petition and declare valid the remainder of the petition - See paragraphs 24 to 32.

Municipal Law - Topic 7403

Plebiscites - Purpose of plebiscites - The Alberta Supreme Court, Trial Division, stated that under s. 122 of the Municipal Government Act, a plebiscite is not binding on a municipal council and is conducted for the purpose of obtaining the views of the ratepayers - See paragraph 17.

Administrative Law - Topic 1267

Classification of power or function - Powers classified as legislative - The Alberta Supreme Court, Trial Division, stated that the power of a municipal council to fix remuneration for members of the council was a legislative power - See paragraphs 6 and 7.

Cases Noticed:

Hill v. Municipal District of Rockyview No. 44, 12 A.R. 238; 7 Alta. L.R.(2d) 247, refd to. [para. 7].

O'Callaghan v. Edmonton (1978), 12 A.R. 563; 6 Alta. L.R.(2d) 306, refd to. [para. 7].

Re Middleton & Goderich, [1931] 4 D.L.R. 75, refd to. [para. 13].

Vic Restaurant Incorporated v. City of Montreal, [1959] S.C.R. 58, refd to. [para. 14].

Re Davies and Village of Forest Hill (1964), 47 D.L.R.(2d) 204, refd to. [para. 15].

Re Wetmore and Timmins, [1952] O.R. 13; [1952] 2 D.L.R. 854, refd to. [para. 19].

Cholod, Dombowsky, Trudelle and Attorney General for Saskatchewan v. Baker et al. and City of Regina, 6 N.R. 525; [1976] 2 W.W.R. 609, refd to. [para. 20].

R. v. Grand, [1940] 2 D.L.R. 459, refd to. [para. 24].

Bridge v. The Queen, [1953] S.C.R. 8, refd to. [para. 28].

Statutes Noticed:

Municipal Government Act, R.S.A. 1970, c. 246, sect. 47 [para. 6]; sect. 122 [para. 17]; sect. 126.2 [para. 3].

Authors and Works Noticed:

Rogers, Law of Canadian Municipal Corporations (2nd Ed.), pp. 368 [para. 10]; 966 [para. 17].

Counsel:

R.T.G. McBain, Q.C., for the plaintiffs;

Robert Kambeitz, for the defendants.

This case was tried by QUIGLEY, J., of the Trial Division of the Alberta Supreme Court. The judgment of QUIGLEY, J., was delivered at Calgary, Alberta, on April 18, 1979.