· 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.