Woodbridge Homes Inc. v Palmer
Woodbridge Homes Inc.
Law Firm / Organization
Prowse Chowne LLP
Lawyer(s)

Paul Barrette

Woodhaven Developments Inc.
Law Firm / Organization
Prowse Chowne LLP
Lawyer(s)

Paul Barrette

Woodhaven West Developments Inc.
Law Firm / Organization
Prowse Chowne LLP
Lawyer(s)

Paul Barrette

Texas Industries Ltd.
Law Firm / Organization
Prowse Chowne LLP
Lawyer(s)

Paul Barrette

Caroline Palmer
Municipal District of Bonnyville No. 87
ABC Corporation
Kran Construction Ltd.
SE Design and Consulting (2009) Inc.
XYZ Corporation and John Doe

·  Core Issue:

  • Woodhaven sued the MD and Palmer, alleging misrepresentations, trespass, and water diversion related to negotiations over subdivision approval for the Ardmore Lands in Bonnyville, Alberta.

·  Key Facts:

  • In 2011, Woodhaven applied for subdivision of the Ardmore Lands. Approval was granted with conditions, including a development agreement and stormwater plan.
  • After years of unsuccessful negotiations, the MD refused to extend the subdivision approval in 2016, leading to Woodhaven filing the lawsuit in 2018.
  • Woodhaven claimed that Palmer and the MD were responsible for misrepresentations, misfeasance in public office, and trespass, among other wrongdoings.

·  Court’s Decision:

  • The court granted the MD and Palmer’s request for summary dismissal of the claims.

·  Key Legal Findings:

  • No Binding Contract: The court found no evidence of a binding development agreement between Woodhaven and the MD.
  • No Actionable Misrepresentation: Woodhaven failed to prove Palmer made false representations. Even if statements were made, they were deemed statements of future intention and not actionable.
  • Negligence Claim Dismissed: The court ruled that the MD's actions during negotiations were policy decisions, granting them immunity from negligence claims.
  • No Trespass or Water Diversion Liability: The court found no evidence of trespass or unlawful water diversion by the MD, and claims were barred by limitations.

·  Conclusion: All claims against the MD and Palmer were dismissed. No monetary award was specfied.

Court of King's Bench of Alberta
1803 12916
Civil litigation
Defendant