O'Callaghan v. Edmonton (City), (1978) 12 A.R. 563 (DC)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 21, 1978
• Citations: (1978), 12 A.R. 563 (DC)

O'Callaghan v. Edmonton (1978), 12 A.R. 563 (DC)

MLB headnote and full text

O'Callaghan v. City of Edmonton

Indexed As: O'Callaghan v. Edmonton (City)

Alberta District Court

Judicial District of Edmonton

Bracco, D.C.J.

June 21, 1978.

Summary:

This case arose out of a bylaw of the City of Edmonton which increased the remuneration of city aldermen by approximately 60%. A petition with 24,669 signatures was presented to the City of Edmonton requesting that electors vote on the bylaw granting the increase in salaries to aldermen. The City of Edmonton did not act on the petition. An elector applied to the Alberta District Court for an order of mandamus. The District Court granted the order of mandamus which directed the council of the City of Edmonton to submit to a vote of the electors on the bylaw in question.

See also Hill v. District of Rocky View, 12 A.R. 238 (Alberta Court of Appeal).

Municipal Law - Topic 3502

Bylaws - Voting on bylaws by electors - Validity of a petition for the voting on a bylaw by electors - A petition with 24,669 signatures was presented to the City of Edmonton requesting that electors vote on a bylaw respecting an increase in salaries of aldermen - The City did not act on the petition and the city clerk did not report on the sufficiency of the signatures on the petition as he was required to do by statute - An elector applied to the Alberta District Court for an order of mandamus - The District Court granted the order of mandamus - The District Court stated that because the city clerk omitted to report on the sufficiency of the signatures that the city was precluded at the hearing from questioning the sufficiency of the signatures on the petition - See paragraph 6.

Municipal Law - Topic 6214

Actions against a municipality - Capacity or status to sue - Voter or ratepayer - The Alberta District Court held that any elector of the City of Edmonton had the status to bring an application for an order of mandamus respecting an increase in salaries of city aldermen - See paragraph 5.

Administrative Law - Topic 1267

Classification of power or function - Powers classified as legislative - The Alberta District Court held that a bylaw of the City of Edmonton which increased salaries of aldermen was a legislative act and, accordingly, could be challenged by a petitioner under s. 126.2 of the Municipal Government Act - See paragraph 10.

Cases Noticed:

West v. City of Swift Current, [1973] 4 W.W.R. 424, not folld. [para. 5].

Cholod et al. v. Baker et al. and City of Regina, 6 N.R. 525; [1976] 2 W.W.R. 609, refd to. [para. 8].

Atkinson v. Municipality of Metro Toronto (1977), 69 D.L.R.(3d) 193, refd to. [para. 10].

Statutes Noticed:

Municipal Government Act, R.S.A. 1970, c. 246, sect. 7 [para. 6]; sect. 126.2 [para. 4].

Counsel:

A.H. Lefever, for the applicant;

W.E. Wilson, Q.C., for the respondent.

This application was heard by BRACCO, D.C.J., of the Alberta District Court. The judgment of BRACCO, D.C.J., was delivered at Edmonton Alberta, on June 21, 1978.