February 13, 2024 – For Immediate Release
Chestermere, AB – The written decision by Justice Johanna Price of the Court of King’s Bench, released on Friday, February 9th ruled against ex-mayor Jeff Colvin and three former city councillors — Stephen Hanley, Mel Foat and Blaine Funk — as they sought an injunction related to Alberta Municipal Affairs Minister Ric McIver’s Dec. 4 Ministerial Order No. MSD: 076/23 dismissing them from elected office.
This is the second application for an injunction filed by the ex-mayor and councillors which has been denied. In November 2023 Justice Keith Yamauchi denied an application for a pre-emptive injunction against the Minister of Alberta Municipal Affairs arising from the Cuff and Associates report based on the municipal inspection that was conducted at the direction of the Minister.
The City of Chestermere has decided that given the cost and practical impact of a successful challenge it is in the public interest to abandon the pursuit of the judicial review filed on September 12, 2023. The Official Administrator has directed the administration to proceed with filing a discontinuance of this action.
The judicial review, which was an unauthorized initiative from the former CAO’s, who were also dismissed by the Minister by Ministerial Order No. MSD 076/23, has cost taxpayers just under $300,000 in legal fees which expenses were unbudgeted.
This brings an end to the legal saga which has hung as a cloud over the City since the filing of the originating application for a judicial review in September 2023.
There is still another chapter to this story to be written.
The City of Chestermere is cooperating fully with the team at Deloitte Inc as they conduct the financial inspection for the period of October 18, 2021 to December 4, 2023 ordered by Minister McIver with Ministerial Order No. MSD: 005/24. Deloitte is expected to file their report with the Minister by the middle of April 2024. The Minister has stated the report will be shared with the residents of Chestermere.
The City continues to operate under the direction of Official Administrator Doug Lagore until a by-election is held mid-year.
The administration is currently being led by veteran and experienced Interim Chief Administrative Officer Pat Vincent CLGM.