Case commented on: Envision Edmonton Opportunities Society v. Edmonton (City), 2011 ABQB 29

This case involved an application by the City of Edmonton to sever a question from a judicial review of the City’s decision to reject a petition by Envision, which demanded that the Edmonton City Centre Airport remain open and that the City actively promote the use of the airport. The petition was rejected by the City Clerk on the basis that it was filed outside of the time limits established in the Municipal Government Act, R.S.A. 2000, c. M-26, and that the required number of electors did not sign the petition. Envision sought mandamus to require the City to introduce a bylaw on the matter and to fix an election date to vote on the bylaw. The City sought to have the question regarding the time limit severed and heard first on the grounds that the second question (compliance with the Municipal Government Act) would require significant expense that could be avoided based on the outcome of the first question. Continue reading →