Highfield Development Corp. (Calgary) Ltd. v. Provincial Planning Board, (1977) 4 A.R. 603 (CA)

• Judge: Lieberman, Haddad and Morrow, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: April 12, 1977
• Citations: (1977), 4 A.R. 603 (CA)

Highfield Dev. Corp. v. Planning Bd. (1977), 4 A.R. 603 (CA)

MLB headnote and full text

Highfield Development Corp. (Calgary) Ltd. v. Provincial Planning Board

Indexed As: Highfield Development Corp. (Calgary) Ltd. v. Provincial Planning Board

Alberta Supreme Court

Appellate Division

Lieberman, Haddad and Morrow, JJ.A.

April 12, 1977.

Summary:

This case arose out of an application in 1975 for subdivision approval of a parcel of land in the City of Calgary, Alberta. As a condition to subdivision approval the owner was required to make a cash payment in lieu of land that would otherwise have been dedicated for "streets and lanes". The owner appealed the imposition of the condition to the Provincial Planning Board. The owner claimed that a dedication was made to the City of Calgary with respect to the same land in 1959. The Provincial Planning Board dismissed the owner's appeal and affirmed the conditional subdivision approval by the Calgary Municipal Planning Commission.

On appeal to the Alberta Court of Appeal the appeal was dismissed and the decision of the Provincial Planning Board was affirmed. The Alberta Court of Appeal held that the 1959 dedication was not for "streets and lanes" and that the 1975 dedication was for "streets and lanes". Accordingly, the Alberta Court of Appeal held that the City of Calgary was entitled to a dedication of land in 1959 and an additional dedication of land in 1975.

Land Regulation - Topic 2720

Land use control - Subdivision control - Reservation of portion of subdivider's land for public purposes - In 1959 an owner subdivided 19.08 acres of land and as a condition to subdivision approval 3.25 acres was dedicated to the City of Calgary for "school and other public purposes" - In 1975 a portion of the 19.08 acres was further subdivided and as a condition to subdivision approval the owner was required to make cash payment in lieu of land (1.27 acres) that would otherwise have been dedicated for "streets and lanes" - The Alberta Court of Appeal dismissed the owner's application to set aside the condition of the 1975 subdivision - The Alberta Court of Appeal interpreted the relevant legislation in 1959 and held that the 1959 dedication was not for "streets and lanes" and, accordingly, the City of Calgary was entitled to a dedication of land in 1959 and an additional dedication of land in 1975.

Statutes - Topic 2601

Interpretation of words - Interpretation by context - The Alberta Court of Appeal stated that words must be interpreted in the context of a statute as a whole - See paragraphs 21 and 22.

Cases Noticed:

Reference as to the Validity of The Regulations in Relation to Chemicals et al., [1943] S.C.R. 1, folld. [para. 9].

Bidie v. General Accident, Fire and Life Assurance Corporation Ltd., [1948] 2 All E.R. 995, folld. [para. 22].

Hirsch v. Protestant Board of School Commissioners, [1926] S.C.R. 246, folld. [para. 23].

Reigate Rural District Council v. Sutton District Water Co. (1908), 99 L.T.R. 168, folld. [para. 23].

Ferguson v. MacLean, [1930] S.C.R. 630, folld. [para. 26].

Re Paulette's Application, [1976] 2 W.W.R. 193, folld. [para. 26].

Statutes Noticed:

Surveys and Expropriation Act, R.S.A. 1955, c. 328, sect. 6(1) [para. 12].

Town and Rural Planning Act, S.A. 1953, c. 113, sect. 7 [para. 10].

Surveys and Expropriation Act Regulations, Regulation 88/57, sect. 2 [paras. 15, 18]; sect. 4, sect. 7, sect. 8, sect. 12, sect. 13, sect. 14 [para. 18]; sect. 11 [para. 16].

Provincial Planning Act Regulations, Regulation 215/67, sect. 2(26) [para. 30].

Interpretation Act, R.S.A. 1970, c. 189, sect. 25 [para. 35].

Authors and Works Noticed:

Dreidger on the Construction of Statutes (1974), p. 3 [para. 21].

Craies on Statute Law (7th Ed.), p. 146 [para. 34].

Counsel:

E.D.D. Tavender and M. Hurst, for the appellant;

D.W. Axler, for the respondent;

M.D. Allen and P.M. Furnival, for the City of Calgary.

The judgment of LIEBERMAN, HADDAD and MORROW, JJ.A., of the Alberta Court of Appeal was delivered at Calgary, Alberta, on April 12, 1977. The judgment of the Alberta Court of Appeal was delivered by LIEBERMAN, J.A.