Court to hear final appeal from Town of Canmore on developments which could increase population

Alberta's highest court will hear an appeal Monday from the Town of Canmore regarding a decision by the Land and Property Rights Tribunal to allow two developments that could almost double the size of the town's population.

Town council had rejected the two proposed projects Three Sisters Village and Smith Creek in the spring of 2021 based on concerns about how they might impact the town and nearby wildlife.

The company behind the development appealed council's decision to the Land and Property Rights Tribunal (LPRT), which determined last May the projects met all necessary requirements and could go ahead.

Now, the town is asking the Alberta Court of Appeal to set aside the tribunal's decisions. It wants the court to either:

• Confirm the tribunal didn't have jurisdiction to hear the appeals and to make orders against the town, or:
• To provide direction about a new hearing.

If the court upholds the tribunal's decision, then the town has committed to not make any further appeals, said Adam Driedzic, the town's solicitor.

"Effectively, the town is looking to the Court of Appeal hearing to be determinative of whether or not it would be required to adopt the area structure plans," said Driedzic.

There's no deadline for the court to make a decision, though Driedzic said he's hopeful it will be wrapped up by the end of the year considering the urgency of the matter.

Three Sisters Mountain Village Properties Ltd. declined to comment on the appeal ahead of Monday's court date.