Grande Prairie (City) v. Orr, (1989) 94 A.R. 30 (QB)

• Judge: Dea, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 08, 1989
• Citations: (1989), 94 A.R. 30 (QB)

Grande Prairie v. Orr (1989), 94 A.R. 30 (QB)

MLB headnote and full text

The City of Grande Prairie (appellant) v. William Randy Orr (respondent)

(Action No. 8804 3254)

Indexed As: Grande Prairie (City) v. Orr

Alberta Court of Queen's Bench

Judicial District of Grande Prairie

Dea, J.

February 8, 1989.

Summary:

A city bylaw permitted privately owned businesses to provide metred parking spaces for tenants and customers. The bylaw imposed fines for parking violations. The city appealed a decision of the Provincial Court declaring the bylaw void and unenforceable as being beyond the authority of the city.

The Alberta Court of Queen's Bench dismissed the appeal.

Highways - Topic 10

Definitions - Street, highway or road - The Alberta Court of Queen's Bench held that a privately owned parking facility for tenants and customers of a commercial building was a highway under s. 1(g) of the Highway Traffic Act - See paragraphs 4 and 7.

Municipal Law - Topic 3860

Bylaws - Quashing bylaws - Grounds for judicial interference - Unauthorized by empowering statute - Under the Highway Traffic Act, a municipality was empowered to enact parking bylaws for property under the direction, control and management of the municipality - The municipal bylaw purported to enforce fines for violations on privately owned parking lots that provided metred parking spaces for tenants and customers of the businesses on the property - The Alberta Court of Queen's Bench held that the provisions of the municipal bylaw were void because the municipality had attempted to delegate its authority to the owners of private parking lots - The court stated that the parking property was not under the direction, control and management of the municipality; although an employee appointed by the municipality enforced the bylaw.

Statutes Noticed:

Grande Prairie City Bylaw, C829 (Roads Bylaw), sect. 33(i), sect. 33(iiA), sect. 33(iiB) [paras. 3, 11 et seq.].

Highway Traffic Act, R.S.A. 1980, c. H-7, sect. 1(g) [paras. 4, 7]; sect. 16, sect. 16(1) [para. 7]; sect. 16(1)(c) [paras. 4, 5]; sect. 16(2) [paras. 4, 5, 6].

Counsel:

S.B. Heikel (Kay, Dobko & Company), for the appellant City;

Respondent appeared in person.

This appeal was heard before Dea, J., of the Alberta Court of Queen's Bench, Judicial District of Grande Prairie, who delivered the following judgment on February 8, 1989.