Western Securities Ltd. et al. v. Foothills No. 31 (Municipal District) et al., (1981) 35 A.R. 480 (CA)

• Judge: McDermid, Laycraft and Kerans, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: November 08, 1981
• Citations: (1981), 35 A.R. 480 (CA)

Western Securities v. Foothills No. 31 (1981), 35 A.R. 480 (CA)

MLB headnote and full text

Western Securities Ltd. et al. v. Foothills Municipal District No. 31 et al.

(Appeal # 13560)

Indexed As: Western Securities Ltd. et al. v. Foothills No. 31 (Municipal District) et al.

Alberta Court of Appeal

McDermid, Laycraft and Kerans, JJ.A.

November 8, 1981.

Summary:

This case arose out of a decision of the Foothills Development Appeal Board. The appellant applied to a judge of the Alberta Court of Appeal for leave to appeal the decision of the Foothills Development Appeal Board. The application was denied. The appellant then appealed the denial of leave to appeal to the Alberta Court of Appeal.

The Alberta Court of Appeal dismissed the appeal on the ground that the appellant was not entitled to appeal a denial of an application for leave to appeal.

Practice - Topic 8887

Appeals - Leave to appeal - Appeal from dismissal of application for leave to appeal - The Alberta Court of Appeal held that an applicant was not entitled to appeal a denial of an application for leave to appeal - The court stated that such a denial is final for all purposes.

Cases Noticed:

Ernewein v. Minister of Employment (1980), 30 N.R. 316, refd to. [para. 4.].

Lane v. Esdaile, [1891] A.C. 210, refd to. [para. 6].

Ex Parte Stevenson, [1892] 1 Q.B. 610, refd to. [para. 7].

Williams v. Grand Trunk Railway (1905), 36 S.C.R. 321, refd to. [para. 8].

Re Chad Investments Ltd. and Longson, Tammets and Denton Real Estate et al. (1971), 20 D.L.R.(3d) 627, (A.D.S.C.C.), refd to. [para. 9].

Murray et al. v. M.D. of Rockyview and Flintstone Fun Park Ltd., 27 A.R. 80, refd to. [para. 9].

Rozander et al. v. E.R.C.B. and Calgary Power Ltd. (1978), 13 A.R. 479, 8 Alta. L.R.(2d) 203, refd to. [para. 9].

Re Smith & Hogan et al. v. Canada Permanent Trust, [1931] S.C.R. 652, refd to. [para. 10].

Macri v. Council of the City of Edmonton (1977), 2 A.R. 378, 2 Alta. L.R.(2d) 62, refd to. [para. 10].

O'Hanlon et al. v. M.D. of Foothills (1979), 17 A.R. 477, refd to. [para. 10].

Dale v. Commercial Union Association of Canada (1981), 31 O.R.(2d) 238 (Ont. C.A.), refd to. [para. 12].

R. v. Anatole (1965), 53 W.W.R. 107 (B.C.C.A.), refd to. [para. 12].

Workmen's Compensation v. Greer (1974), 1 N.R. 599 (S.C.C.), refd to. [para. 16].

Paper Machinery et al. v. J.O. Ross Engineering, [1934] S.C.R. 186 (S.C.C.), refd to. [para. 16].

Statutes Noticed:

Planning Act 1977, S.A. 1977, c. 89, sect. 146(2).

Counsel:

A. McLarty, for the appellant;

D.R. Haigh, for the respondent.

This appeal was heard by McDERMID, LAYCRAFT and KERANS, JJ.A., of the Alberta Court of Appeal. The judgment of the Court of Appeal was delivered by KERANS, J.A., at Calgary, Alberta on November 8, 1981.