Calgary’s controversial citywide rezoning has survived a Court of King’s Bench decision after months-long legal wrangling.

Court of King’s Bench Justice Michael J. Lema delivered a 39-page decision Wednesday saying the City of Calgary was empowered to enact the citywide rezoning bylaw, they were procedurally fair in enacting it, and a “pro-change city councillor” (later identified as Coun. Gian-Carlo Carra) was open to persuasion during the city’s public hearing.

Justice Lema said the Municipal Government Act (MGA) allows the City to enact the bylaw, despite the applicants’ assertion that the purpose of the Municipal Government Act was to discern each neighbourhood’s core characteristics and to create zones based on those characteristics, and decide on development uses in light of those characteristics.

“However, the text (i.e. wording) of the MGA does not require that approach, even when understood in the context of its planning provisions and the Act overall. And neither does the MGA’s overall purpose or that of its planning provisions,” read Justice Lema’s decision.

“In short, the applicants point to statutory signals that do not exist.”

On the matter of procedure, Justice Lema said that applicants were given fair process.

“Given the legislative nature of the new-bylaw process, the applicants received sufficient procedural fairness via notice of the proposed changes and an opportunity to provide input at the public hearing,” read the decision.

Finally, the claim that Ward 9 Coun. Gian-Carlo Carra did not participate in the hearing being open to persuasion wasn’t backed by evidence, Justice Lema said.

“On the third aspect, the applicants relied on questionable evidence of one councillor’s pre-hearing statements. Even if the asserted statements were made, no evidence showed that any closed-mindedness continued at the bylaw hearing,” Lema wrote.

Applicants reserving comment on the decision

A group of Calgarians had sought a stay of proceedings, asking for an order prohibiting the city from granting development permits under the citywide rezoning bylaw.  

Back in October, retired lawyer Robert Lehodey, who was part of the group taking legal action against the City of Calgary, said that the judge would hear that case by November, and then likely take a few weeks more to render a decision.

When reached Thursday, Lehodey didn’t want to provide substantive comments until he’d had a chance to further read and digest the contents of the decision. He did, however, say there’s likely a group of councillors who voted in favour of citywide rezoning who are “doing a happy dance.”

Later, however, Lehodey issued a statement to local media.

“We are disappointed with the judge’s decision and are examining it carefully to determine whether there is a basis for appeal,” he wrote.

“The judge did point out at the end of the decision that these issues must ultimately be decided at the ballot box. Whether we appeal or not, Calgarians need to make blanket rezoning an election issue.”

Ward 10 Coun. Andre Chabot said he believes the justice’s decision was correct from a legislative perspective.

“I still think, though, that the community’s voices were not were not respected in the decision and come election time next year, I think there’s going to be members of council, they’re going to want to revisit that decision,” Chabot said.

Chabot said that he’s already stated that if he’s re-elected in October’s municipal election, he’ll introduce a motion to repeal the citywide rezoning decision.

“I will be introducing a motion to repeal that decision, or to reverse that decision and maybe come back with something that’s more in line with what we heard from the public, which was to focus increased density into higher priority areas like the primary transit network and high activity centers and locations like that,” Chabot said.

He said he thinks that people will largely stay silent on the issue – until the election, that is. Lehodey hopes it riles Calgarians to the point of action in the upcoming election.

“Given the extensive impact of the bylaw, we hope that the 300,000 (perhaps up to 600,000 assuming the affected properties are owned by couples) homeowners who now face enforced density, loss of green space, increased traffic and noise will demand to know where candidates stand on this issue, and that they will cast their votes to overturn or reverse the blanket rezoning bylaw,” he wrote.

Meanwhile, Chabot doesn’t think the decision will substantially impact redevelopment activity in areas where density “makes sense.”

“I’m suggesting that you’re not going to see a huge increase in those areas where it actually makes sense – that’s going to continue to tread along, just as it has in the past,” Chabot said.

“You’re going to see an increased number of applications in areas where it makes no sense.”

The City of Calgary acknowledged today’s ruling.

“The City will continue to process applications for low-density residential developments as it has been doing since the bylaw went into effect on August 6, 2024,” read a statement. 

“Citywide rezoning supports increased housing supply and housing choices for Calgarians.  It significantly speeds up the time to deliver homes to Calgarians, removes barriers and uncertainty, and reduces costs.”

Mayor Jyoti Gondek’s office declined to comment on the decision.