Supreme Court Petitioned by RMWB to Intervene in Lawsuit Based in Edmonton
The Supreme Court has been petitioned by RMWB to intervene in a lawsuit based in Edmonton. The municipality’s position for the intervention is that millions of dollars are at stake in spite of the fact that the Edmonton based lawsuit is fairly obscure. The case involves a property tax assessment dispute, and it has mushroomed into something much bigger. Now the issue is also how much deference, or leeway, the Supreme Court should allow the decisions made by a lower administrative tribunal. The legal director for the RMWB, David Leflar, made a convincing argument to the councillors that an application for intervenor status in the Edmonton based lawsuit would be appropriate. The case is a dispute between a shopping centre in Edmonton and the City of Edmonton.
During the meeting about RMWB asking for Supreme Court intervention in the Edmonton based lawsuit LeFlar stated “This is an important intervention. To my knowledge — though I only go back about three years now with the municipality — this municipality has never done anything like this before.” LeFlar also said that “Nothing’s ever sure, the Supreme Court always has the discretion to say get out of here — but our chances of getting it given who we are and what we bring to the table are very good.” At issue in the lawsuit is whether tribunal decisions are upheld based on a legally reasonable standard or a legally correct standard. The RMWB argues that this is a difference that could affect millions of dollars. Do you think the RMWB is correct to try and intervene in the case? Why or why not?