Lewis v. Pincher Creek No. 9 (Municipal District), 2005 ABQB 201

• Judge: Mason, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: April 14, 2004
• Citations: 2005 ABQB 201;(2005), 375 A.R. 331 (QB)

Lewis v. Pincher Creek No. 9 (2005), 375 A.R. 331 (QB)

MLB headnote and full text

Temp. Cite: [2005] A.R. TBEd. AP.049

In The Matter Of an application pursuant to section 536 of the Municipal Government Act, R.S.A. 2000, c. M-26, as amended.

Gerald Lewis (applicant) v. The Municipal District of Pincher Creek No. 9 (respondent)

(0206 00671; 2005 ABQB 201)

Indexed As: Lewis v. Pincher Creek No. 9 (Municipal District)

Alberta Court of Queen's Bench

Judicial District of Lethbridge/Macleod

Mason, J.

March 21, 2005.

Summary:

A fire started on Lewis's property while he was combining. The municipal district passed a resolution putting firefighting fees of $12,608.89 on Lewis's tax roll for extinguishing the fire. Lewis applied for a declaration that the resolution was invalid.

The Alberta Court of Queen's Bench allowed the application.

Administrative Law - Topic 224

The hearing and decision - Right to be heard - What constitutes being heard - A fire started on Lewis's property while he was combining - The municipal district extinguished the fire - Maintaining that Lewis had caused the fire, the municipal district passed a resolution putting firefighting fees of $12,608.89 on Lewis's tax roll - Lewis applied for a declaration that the resolution was invalid because, inter alia, the municipal district had failed to give him notice that it was contemplating passing the resolution - The Alberta Court of Queen's Bench allowed the application on other grounds - The municipal district had not breached procedural fairness in failing to give Lewis notice - The Municipal Government Act did not require the municipal district to give notice of its intention to exercise its power to add amounts owing to the tax roll - Lewis had been given numerous opportunities to make representations both before and after the resolution was passed - See paragraphs 23 to 26.

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - [See Administrative Law - Topic 224 ].

Administrative Law - Topic 2442

Natural justice - Procedure - Notice - When required - [See Administrative Law - Topic 224 ].

Municipal Law - Topic 410

Councils - Resolutions - Quashing of - Grounds - A fire started on Lewis's property while he was combining - It spread to an adjacent property - The municipal district extinguished the fire - Maintaining that Lewis had caused the fire, the municipal district passed a resolution putting firefighting fees of $12,608.89 on Lewis's tax roll - Lewis applied for a declaration that the resolution was invalid submitting (i) that he had not caused the fire and (ii) that the fees should be invoiced to the adjacent property's owners because the fire had burnt out on his property before the firefighters arrived - The Alberta Court of Queen's Bench allowed the application - The standard of review was patent unreasonableness - The municipal district was empowered to invoice recoverable costs to any property owned by someone who caused an emergency - However, it was unclear what had caused the fire - Lewis had not set the fire and it had started while he was farming according to accepted practices - The municipal district's conclusion that Lewis had caused the fire was patently unreasonable - Therefore, the resolution passed on that basis was patently unreasonable - See paragraphs 29 to 38.

Municipal Law - Topic 420

Councils - Resolutions - Judicial review (incl. standard of review) - A fire started on Lewis's property while he was combining - The municipal district extinguished the fire - Maintaining that Lewis had caused the fire, the municipal district passed a resolution putting firefighting fees of $12,608.89 on Lewis's tax roll - Lewis applied for a declaration that the resolution was invalid - The Alberta Court of Queen's Bench allowed the application - Under the Municipal Government Act, no resolution could be challenged on the basis that it was unreasonable - The resolution was an intra vires municipal action - The appropriate standard of review was patent unreasonableness - See paragraphs 27 to 28.

Municipal Law - Topic 1483

Powers of municipalities - Particular powers - Imposition and collection of taxes or fees - [See Municipal Law - Topic 410 ].

Cases Noticed:

Houg Alberta Ltd. v. 417034 Alberta Ltd. (1991), 117 A.R. 196; 2 W.A.C. 196 (C.A.), refd to. [para. 18].

Conseil de la magistrature (N.-B) v. Moreau-Bérubé, [2002] 1 S.C.R. 249; 281 N.R. 201; 245 N.B.R.(2d) 201; 636 A.P.R. 201; 2002 SCC 11, refd to. [para. 24].

Moreau-Bérubé v. New Brunswick (Judicial Council) - see Conseil de la magistrature (N.-B) v. Moreau-Bérubé.

Congrégation des témoins de Jéhovah de St-Jérôme-Lafontaine v. Lafontaine (Village), [2004] 2 S.C.R. 650; 323 N.R. 1; 2004 SCC 48, refd to. [para. 24].

Keefe et al. v. Edmonton (City) et al. (2002), 329 A.R. 149; 16 Alta. L.R.(4th) 388; 2002 ABQB 1098, refd to. [para. 24].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 24].

Nanaimo (City) v. Rascal Trucking Ltd. et al., [2000] 1 S.C.R. 342; 251 N.R. 42; 132 B.C.A.C. 298; 215 W.A.C. 298; 2000 SCC 13, refd to. [para. 28].

Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 29].

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207; 2003 SCC 20, refd to. [para. 30].

Prior v. Hanna, Kennedy and McLeod (1987), 82 A.R. 183 (Q.B.), refd to. [para. 36].

Statutes Noticed:

Municipal Government Act, R.S.A. 2000, c. M-26, sect. 551, sect. 553.1(1)(c) [para. 32].

Authors and Works Noticed:

Laux, Frederick A., Planning Law and Practice in Alberta (3rd Ed. 2002) (Looseleaf), p. 7-14 [para. 18].

Counsel:

Tammy L. Praskach, for the applicant;

Kim D. Brodersen, for the respondent.

This application was heard on April 14, 2004, by Mason, J., of the Alberta Court of Queen's Bench, Judicial District of Lethbridge/Macleod, who delivered the following judgment on March 21, 2005.