ADMINISTRATIVE LAW |
Judicial Review |
Mandamus |
Schwarz Hospitality Group Ltd. v. Canada (Minister of Canadian Heritage)
T-1552-98, T-34-00
2001 FCT 112, Gibson J.
23/2/01
34 pp.
Two applications for judicial review in which applicant, Schwarz Hospitality Group Limited (the leaseholder), sought various reliefs--Storm Mountain Lodge developed in 1920s as one of Canadian Pacific Railway Company's bungalow camps, located on north side of Highway 93, in Banff National Park--In 1996, after initial consultations with Parks Canada representatives, leaseholder decided to redevelop Storm Mountain Lodge--First relief requested on first application (declaration that moratorium invalid or unlawful and of no force and effect as against Storm Mountain Lodge redevelopment proposal) moot--No "live controversy" regarding moratorium between parties before Court--Leaseholder suffered no significant prejudice by reason of imposition of moratorium--No relief in respect of moratorium warranted--Parameters of doctrine of legitimate expectation well established in law--Parks Canada officials in Banff National Park continued to encourage leaseholder to continue to invest time, energy, money in refinement of proposal, all as against approval process, development guidelines then in place--Actions of persons within Banff National Park offices of Parks Canada created legitimate, reasonable expectation on part of leaseholder Storm Mountain Lodge redevelopment proposal would be reviewed--Relief in favour of leaseholder will issue on first application--Many of declaratory reliefs sought on second application, some of related relief in way of mandamus, falling away--Superintendent responsible authority in relation to leaseholder's redevelopment proposal--Canadian Environmental Assessment Act placing on responsible authority, Superintendent, public legal duty to act--Duty owed to leaseholder--Leaseholder having clear right to performance of that duty--Had, at time second application for judicial review filed, satisfied all conditions precedent then made known to it giving rise to duty--Prior demand for performance of duty--Duty sought to be enforced not discretionary, mandatory although ultimate decision need not be favourable to leaseholder--No other adequate remedy available to leaseholder--Order sought will be of practical value, effect--No equitable bar to relief by way of mandamus--On "balance of convenience" mandamus should issue--Canadian Environmental Assessment Act, S.C. 1992, c. 37.