The Court of Appeal has dismissed the Town of Canmore’s appeal of both LPRT decisions and ordered the Town of Canmore to adopt the Area Structure Plans as originally presented to Council.
Today, the Court of Appeal of Alberta released its decision and held the Town of Canmore's appeal is dismissed. The court found that:
- The Tribunal made no reviewable error in concluding that it had jurisdiction to hear the appeals.
- The Tribunal made no reviewable error in its NRCB Approval findings of consistency.
- The Tribunal did not exceed its authority under s.619(8) of the MGA.
A copy of the decision can be found here.
Based on the LPRT decisions, the Court of Appeal decision, and agreement to adjourn the separate mandamus application, the Town of Canmore will not be seeking leave to appeal from the Supreme Court of Canada, and will be adopting the Area Structure Plans as originally presented to Council.