North American Montessori Academy Ltd. v. Development Appeal Board of Edmonton (City), (1977) 7 A.R. 39 (CA)

• Judge: McGillivray, C.J.A., Haddad and Morrow, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: October 27, 1977
• Citations: (1977), 7 A.R. 39 (CA)

North Am. Montessori v. Dev. Appeal Bd. (1977), 7 A.R. 39 (CA)

MLB headnote and full text

North American Montessori Academy Ltd. v. Development Appeal Board of the City of Edmonton

Indexed As: North American Montessori Academy Ltd. v. Development Appeal Board of Edmonton (City)

Alberta Supreme Court

Appellate Division

McGillivray, C.J.A., Haddad and Morrow, JJ.A.

October 27, 1977.

Summary:

This headnote contains no summary.

Administrative Law - Topic 5189

Judicial review - Certiorari - Bars to issuance of certiorari - Existence of another remedy - A property owner made an application for an order of certiorari to quash a decision of the Development Appeal Board - Section 146 of the Planning Act, R.S.A. 1970, c. 276, provided for an appeal with leave from decisions of the Development Appeal Board on questions of law or jurisdiction - The Alberta Court of Appeal dismissed the application for an order of certiorari and held that certiorari was not an appropriate remedy, because of the existence of a statutory appeal.

Cases Noticed:

Chad Investments Ltd. v. Longston, Taramets and Denton Real Estate et al., [1971] 5 W.W.R. 89, appld. [para. 21].

Re Pratt (1884), 12 Q.B.D. 334, appld. [para. 28].

Statutes Noticed:

Planning Act, R.S.A. 1970, c. 276, sect. 105, sect. 123 [para. 16]; sect. 110, sect. 128 [para. 14]; sect. 146 [para. 19].

Counsel:

C.E. Frost, for the appellant;

F.A. Laux, for the respondent.

This case was heard before McGILLIVRAY, C.J.A., HADDAD and MORROW, JJ.A., of the Alberta Supreme Court, Appellate Division.

On October 27, 1977, MORROW, J.A., delivered the following judgment for the Appellate Division: