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ARTICLE · 17 SEPTEMBER 2021

Stop Order Runs Loose In Kneehill County

The Alberta Court of Appeal (the "CA") in Kneehill upheld the issuance of a stop order issued by Kneehill County to compel the owner of the subject lands to operate a business (equestrian centre)...

CanadaReal Estate and Construction

The Alberta Court of Appeal (the "CA") in Kneehill upheld the issuance of a stop order issued by Kneehill County to compel the owner of the subject lands to operate a business (equestrian centre) and to extend privileges at the centre to adjacent lot owners in accordance with the area structure plan (the "ASP").   In effect, the CA upheld the use of an extra-judicial remedy issued by a development officer without legal training to enforce a bylaw which was unlawful, denying the appellant the right to challenge the bylaw in the statutory appeal process provided to challenge the stop order and upholding the enforcement of positive obligations in reliance upon suspect authority.

The CA in Kneehill held:

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