Calgary

Court to hear final appeal from Town of Canmore on developments which could increase population

Alberta’s highest court will hear an appeal Monday from the Town of Canmore regarding a decision by the Land and Property Rights Tribunal to allow two developments that could nearly double the size of the town’s population.

Town wants court to overturn decision that allowed development to proceed

The Three Sisters housing development is shown under the mountain peaks from which it takes its name.
The Three Sisters housing development is shown under the mountain peaks from which it takes its name. (Colette Derworiz/The Canadian Press)

Alberta's highest court will hear an appeal Monday from the Town of Canmore regarding a decision by the Land and Property Rights Tribunal to allow two developments that could almost double the size of the town's population. 

Town council had rejected the two proposed projects — Three Sisters Village and Smith Creek — in the spring of 2021 based on concerns about how they might impact the town and nearby wildlife. 

The company behind the development appealed council's decision to the Land and Property Rights Tribunal (LPRT), which determined last May the projects met all necessary requirements and could go ahead. 

Now, the town is asking the Alberta Court of Appeal to set aside the tribunal's decisions. It wants the court to either:

  • Confirm the tribunal didn't have jurisdiction to hear the appeals and to make orders against the town, or:
  • To provide direction about a new hearing. 

If the court upholds the tribunal's decision, then the town has committed to not make any further appeals, said Adam Driedzic, the town's solicitor. 

"Effectively, the town is looking to the Court of Appeal hearing to be determinative of whether or not it would be required to adopt the area structure plans," said Driedzic. 

There's no deadline for the court to make a decision, though Driedzic said he's hopeful it will be wrapped up by the end of the year considering the urgency of the matter.

Three Sisters Mountain Village Properties Ltd. declined to comment on the appeal ahead of Monday's court date. 

ABOUT THE AUTHOR

Paula Duhatschek

Reporter/Editor

Born and raised in Calgary, Paula Duhatschek is a CBC Calgary reporter with a focus on business. She previously ran a CBC pop-up bureau in Canmore, Alta., and worked for CBC News in Toronto, Kitchener and in London, Ont. You can reach her at paula.duhatschek@cbc.ca.

with files from the Canadian Press and Colleen Underwood