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October 3, 2016
Much has happened since my last update. On May 19, Justice Belzil named Rohit and Landmark as Respondents in our action. This has resulted in increased costs and serious delays to our application as Landmark, Rohit and the City continue to block our forward progess with obstacles. In Belzil's latest decision, ACT must now post security for costs in the amount of $30,000 which is unheard of for a public interest organization such as ours. This decision is doubly unfair as the assessed costs are determined from Column 5 which are the most expensive. If we were assessed costs per Column 1, the total would have been less than $10,000. We have until November 16, 2016 to post this security or else our application will be dismissed without ever debating the substantive issues of the City's violation of Section 70 and 264 of the MGA. If our case is dismissed, this will have serious detrimental consequences to future public service org's attempting to take rule-of-law issues to the courts for adjudication. I am in the process of trying to raise approximately $10,000 to pay these security for costs.
We will next be challenged by Rohit, Landmark and the City as to our Standing i.e. our credibilty as a public service org to represent the communities affected by the First Place Housing program. We are hoping for an unbiased decision in our favour so we can at some point argue the substantive issues. Thank you for your continued support.
Barry Kossowan ,P.Eng., President of ACT
May 16, 2016
To all who have assisted us with financial donations, I give you my sincere thank-you. Of the $30,000 we want to raise, we are already over $5000. We are back in Court of Queens Bench May 19th to sort out procedural issues before Judge Belzil. I will keep you posted as this issue progresses.
Barry Kossowan, P. Eng.
President
ACT for Community, a registered not for profit society, was established to protect the rights and strengthen the voice of residents in matters affecting their communities. We hold the various decision-makers to be Accountable, Collaborative and Transparent in their representations to us, their constituents.
We are currently in a legal battle with the City of Edmonton (COE) over 20 school sites that were declared surplus in 2006. These sites were usurped by the City and rezoned for medium-density row-housing developments without any input from neighborhood residents. The democratic process was completely sidestepped by the City via an Order-in-Council from the provincial government that exempted parts of the Municipal Government Act. The COE was the only municipality in the entire province that used these exemptions to push their agenda through various procedures, processes, policies and development plans without public input.
First Place housing projects have already been built in Canon Ridge, Greenview, Tawa, Caernarvon and Cassleman. 2016 will see construction start in Haddow and Kirkness. The remaining sites in Blue Quill, Belle Rive, Twin Brooks, Sifton Park, Bulyea Heights Dunluce, Skyrattler and Micheals Park will be built 2017-2021. In order to halt further development, ACT is currently involved in a legal challenge with the COE in Court of Queens Bench on what we consider to be 2 violations of the Municipal Government Act re/ the First Place Program.
Our main goal is to ensure that our residents have a say in what’s happening in their neighborhoods. Please consider financially supporting our cause. Because your time is so precious, making an online donation is a convenient and efficient way to direct your time and energy toward resolving this issue.
Barry Kossowan, P.Eng.
President
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