GOVERNMENT - Council and committee proceedings - Open and closed meetings - Property acquisition, disposal, expropriation

Law360 Canada ( May 5, 2025, 12:58 PM EDT) -- Appeal by appellant against the respondents’ claim concerning the expansion of 68th Street SE in Calgary. The appellant, through its Real Estate and Development Services (REDS) unit, took over the development of the Point Trotter Industrial Park after the original developer sought protection under the Companies’ Creditors Arrangement Act. The development required the expansion of 68th Street SE, which would result in the closure of the respondents’ current access to the street. The appellant proposed alternative access points via 86th Ave and 90th Ave SE, which the respondents found inadequate, arguing that their operations would cease if forced to use these alternatives. The respondents filed a statement of claim seeking an interim injunction to prevent the expansion, which the appellant initially consented to. However, the chambers decision denied the appellant’s application to vacate the injunction. The appellant later enacted a bylaw to close the respondents’ access, leading to further legal challenges. The chambers judge found that the appellant acted unfairly by conflating the roles of REDS as a developer and as part of the appellant administration, leading to procedural unfairness in the enactment of the bylaw. The judge quashed the bylaw, finding it was passed for an improper purpose, benefiting the appellant as a developer rather than serving the public interest. The appellant appealed the chambers judge’s decision, arguing that the enactment of the closure bylaw was procedurally fair and substantively valid....
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