Chateau Developments Ltd. v. Edmonton (City), (1977) 7 A.R. 612 (TD)

• Judge: McDonald, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: August 29, 1977
• Citations: (1977), 7 A.R. 612 (TD)

Chateau Dev. Ltd. v. Edmonton (1977), 7 A.R. 612 (TD)

MLB headnote and full text

Chateau Developments Ltd. v. City of Edmonton

Indexed As: Chateau Developments Ltd. v. Edmonton (City)

Alberta Supreme Court

Trial Division

Judicial District of Edmonton

McDonald, J.

August 29, 1977.

Summary:

This headnote contains no summary.

Municipal Law - Topic 1483

Powers of municipalities - Particular powers - Imposition and collection of taxes - Section 209.1 of the Municipal Government Act authorized the imposition of a development levy on applicants for development permits - The City of Edmonton issued a development permit to a land developer for three buildings - The developer applied for a building permit for one of the three buildings - The City of Edmonton refused to issue the building permit unless a development levy for all three buildings of $93,333.00 was paid in full - The developer applied to the Alberta Supreme Court, Trial Division, for an order of mandamus to direct the City of Edmonton to issue the building permit - The Alberta Supreme Court, Trial Division, granted the developer an order of mandamus - The Trial Division interpreted s. 209.1 of the Municipal Government Act and held that s. 209.1 authorized the imposition of a development levy but did not provide for its collection and, accordingly, the City was not entitled to refuse to issue a building permit on the ground that the development levy had not been paid - See paragraphs 14 and 15.

Municipal Law - Topic 3727

Bylaws - Construction and interpretation - Limitations of enabling statute - The Alberta Supreme Court, Trial Division, declared invalid provisions of a bylaw which were not authorized by the enabling statute - See paragraphs 16 to 18.

Words and Phrases

Imposed - The Alberta Supreme Court, Trial Division, discussed the meaning of the word "imposed" as found in s. 209.1 of the Alberta Municipal Government Act - See paragraph 12.

Words and Phrases

Levy - The Alberta Supreme Court, Trial Division, discussed the meaning of the word "levy" as found in s. 209.1 of the Alberta Municipal Government Act - See paragraph 12.

Cases Noticed:

Mortimore v. Cragg (1878), 3 C.P.D. 216, folld. [para. 12].

Badiuk v. Moor, [1929] 3 W.W.R. 115; [1930] 1 D.L.R. 47, folld. [para. 12].

City of Vancouver v. B.C. Telephone Co., [1951] S.C.R. 3, folld. [para. 12].

Courtauld v. Leger (1869), L.R. Ex. 126, folld. [para. 13].

Re National Savings Bank (1866), L.R. 1 Ch. App. 547, refd to. [para. 13].

Statutes Noticed:

Municipal Government Act, R.S.A. 1970, c. 246, sect. 209.1 [para. 5].

Authors and Works Noticed:

Words and Phrases, vol. 20, p. 440 [para. 12].

Shorter Oxford English Dictionary [para. 12].

Webster's Third New International Dictionary [para. 12].

Stroud's Judicial Distionary (4th Ed.), p. 1528 [para. 12].

Craies on Statute Law (7th Ed.), p. 169 [para. 13].

Counsel:

R.D. Schachter, for the applicant;

C.E. Frost, for the respondent City of Edmonton.

This case was heard by McDONALD, J., of the Trial Division of the Alberta Supreme Court, Judicial District of Edmonton.

The judgment of the Trial Division was delivered by McDONALD, J., at Edmonton, Alberta, on August 29, 1977.