HIGHLIGHTS
- A Justice of the Alberta Court of Appeal has granted leave to appeal a decision of a Subdivision and Development Appeal Board which overturned a development permit because of concerns with respect to the potential cumulative effects that an intensive farming operation might have on the use and enjoyment of adjacent parcels of land. A development permit approved by a Planning Commission allowed the establishment of a Hutterite colony 6 miles from the Village of Carmangay in southern Alberta. The Alberta Municipal Government Act restricts the ability of municipalities to refuse development permits with respect to confined feeding operations or manure storage facilities regulated by the Agricultural Operations Practices Act if the feeding operation or manure storage facility is subject to approval, registration or authorization under this Act. Leave to appeal was granted on the issue of whether the Subdivision and Development Appeal Board had jurisdiction to overturn the development permit on the ground that the Hutterian Brethren's proposed operations might affect adjoining land owners. (Hutterian Brethren of Summerland v. Vulcan (County), CALN/2017-037, [2017] A.J. No. 11, Alberta Court of Appeal)
A Justice of the Saskatchewan Court of Queen's Bench has considered the issue of whether leave should be granted to permit a lender to commence foreclosure proceedings pursuant to the Saskatchewan Farm Security Act, where an Estate dispute arising following the death of one of the mortgagors was one factor which prevented the mortgagors from meeting their mortgage obligations. The Court summarizes and applies Saskatchewan case law concerning applications for leave to commence foreclosure proceedings under the Saskatchewan Farm Security Act, and granted leave on the grounds that the mortgagors had no reasonable possibility of meeting their obligations under the mortgage. The Court declined to make additional directions sought by the administrator of the Estate of the deceased mortgagor, and held that applications under the Saskatchewan Farm Debt Security Act should not become bogged down with other issues. (Affinity Credit Union 2013 v. Brothers Estate, CALN/2017-038, [2017] S.J. No. 66, Saskatchewan Court of Queen's Bench)
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