Peaks of Grassi homeowner Mark Gruman has won an appeal to argue all aspects of a legal challenge against the Town of Canmore in regard to a land use bylaw rezoning decision on three parcels of land in that neighbourhood.
In Calgary Court of Appeal on Dec. 5, Gruman’s lawyer, James Laycraft, argued before Justices Frans Slatter, Ronald Berger and Thomas W. Wakeling that there were irregularities in a July decision by Justice B.L. Rawlins which struck out some portions of an application for judicial review on the basis of a cross-application heard at the same time as the application for an injunction on the development proceeding.
Rawlins’ ruling allowed only one of five legal arguments put forward by Gruman for the legal challenge to go ahead during the judicial review – a decision that was overturned on Dec. 7.
The Town made a cross-application in regard to the injunction on development on the properties pending a judicial review, but on Dec. 5, Laycraft argued, “there were probably seven procedural defects” with Rawlins’ decision to consider the Town’s argument.
In a written decision, the justices stated there were a number of procedural arguments, particularly that the cross-application to strike portions of the judicial review application was late, it was not accompanied by a legal brief, and it was unclear which rules (of law) were relied on.
Further, the justices allowed that Laycraft and Gruman might have introduced more evidence on some of the issues had they realized a disposition on the merits was contemplated. The application was filed in March and any affidavits should have been filed months ago, the justices found.
It was a legal point that Rawlins herself noted would likely go to appeal during the injunction hearing earlier this year.
Finally, the justices found that Laycraft/Gruman were taken by surprise when a chambers judge went beyond the injunction application in her decision.
The full judicial review is now slated to take place on Jan. 4 in Court of Queen’s Bench in Calgary.
