‘COURT FILE NUMBER: ‘court: JUDICIAL CENTRE: PLAINTIFF(S): DEFENDANT(S): DOCUMENT: ADDRESS FOR SERVICE and CONTACT INFORMATION of Form 7 Alberta Rules of Court Rule 3.8 1401- (1722 COURT OF QUEEN’S BE CALGARY coy forGlerks Stamp, ‘THE SCENIC ACRES COMMUNITY ASSOCIATION and” JOHN AND MARY DOE THE CITY OF CALGARY and THE CALGARY BOARD OF EDUCATION and THE BOARD OF TRUSTEES OF THE CALGARY SCHOOL DISTRICT NO. 19 and THE GREATER SOUTHERN PUBLIC FRANCOPHONE EDUCATION REGION NO. 4 and THE GREATER SOUTHERN SEPARATE CATHOLIC FRANCOPHONE EDUCATION REGION NO. 4 ORIGINATING APPLICATION All Plaintiffs clo Christopher S. Davis PARTY FILING THIS Christopher Davis Law DOCUMENT: 315A - 39 Avenue SE Calgary, Alberta T2G 1X5 Tel: (403) 457-2100 Fax: (403) 457-2616 File No. 2538.001 NOTICE TO RESPONDENT(S): This application is made against you. You are a Respondent. ‘You have the right to state your side of this matter before the Court. ‘To do so, you must be in Court when the application is heard as shown below:Date: ‘Thursday, the 27th day of November, 2014 ‘Time: 10:00 A.M. Where: Calgary Courts Centre, 601 -5 Street S.W., Calgary, Alberta, T2P SP7 Before: Justice in Chambers Go to the end of this document to see what you can do and when you must do it. REMEDY CLAIMED OR SOUGHT: A declaration, that the Board of Trustees of the Calgary Schoo! District No, 19 (the "Calgary Board”) breached section 672 of the Municipal Government Act, RSA 2000, ¢ M-26, and amendments thereto and regulations thereunder (the "MGA"); and ‘An interim order prohibiting the Greater Southem Public Francophone Education Region No. 4 and the Greater Souther Separate Catholic Francophone Education Region No. 4 (referred to together as FrancoSud) from altering the property legally described as: PLAN 8311360 BLOCK 2 LOT 19MSR (MUNICIPAL AND SCHOOL RESERVE) EXCEPTING THEREOUT ALL MINES AND MINERALS AREA: 3.99 HECTARES (9.86 ACRES) MORE OR LESS. (ihe "Park") An order directing that title to the Park be conveyed to the City of Calgary pursuant to section 672(1) of the MGA, and that the Registrar of Alberta Land Titles apply a "municipal reserv "MR" designation to the Park pursuant to section 672(2) of the MGA. Such further and other relief as this Honourable Court deems just and appropriate in the circumstances.GROUNDS FOR MAKING THIS APPLICATIO! The Plaintifif are permitted by Alberta law to apply for the relief requested. a. They may apply for a declaration under section 11 of the Judicature Act, RSA 2000, ¢ J-2, (the "Judicature Act") and rules 7.1 and 7.2 of the Alberta Rules of Court, Alta Reg 124/2010 (the "Rules"); b. They may apply for an injunction order under section 13(2) of the Judicature Act and rule 1.3 of the Rules. c. They may apply for an order direeting an action under section 8 of the Judicature Act and rule 7.3 of the Rules. ‘This court has the power to grant such relief under the Judicature Act and the Rules. ‘The Calgary Board has declared the Park surplus to school needs, The Calgary Board failed to transfer the Park to the City of Calgary. Pursuant to section 672 of the MGA, the Calgary Board was obligated to transfer the Park to the City of Calgary 672(1) Ifa school board holds an interest in a school reserve, municipal and school reserve or municipal reserve under this Part or the former Act and declares that the reserve is surplus to the school board’s needs, the school board transfer its interest in the land to the municipality where the reserve is located, for the consideration agreed on between them. (emphasis added) Section 672(2) of the MGA provides: 672(2) On the registration in a land titles office of a transfer of land or an interest in land under subsection (1), the Registrar must designate the land as municipal reserve, Section 200 of the School Act, RSA 2000, ¢ 8-3, as amended thereto and the regulations thereunder (the "School Act"), reinforces that the Defendant was to comply with the MGA,200(2) Subject to this section, the regulations, Part 17 of the Municipal Government Act and the Public Lands Act, a board may, with the written approval of the Minister, sell, lease, rent or otherwise dispose of any of its real property. (emphasis added) 10. FrancoSud does not own the Park so they cannot develop the Park. While FrancoSud is registered as the legal owner of the Park, this registration is invalid. The Park should be in the title and possession solely of the City of Calgary because the Calgary Board declared the Park surplus to its needs under section 672 of the MG, By declaring the Park surplus to its needs, the Calgary Board was required to transfer its ownership in the Park to the City of Calgary. MATERIAL OR EVIDENCE TO BE RELIED ON: 11. Affidavit of Jim Palmer sworn on October 17, 2014; 12. All other documents filed in the within action; and 13. Such further and other materials as counsel may advise and this Honourable Court may deem appropriate. APPLICABLE RULES: 14, 1.3, 3.2,3.8, 7.1, 7.2 and 7.3 APPLICABLE ACTS AND REGULATIONS: 15. Municipal Government Act, RSA 2000, ¢ M-26; 16. School Act, RSA 2000, ¢ S-3; 17. Disposition of Property Regulation, Alta Reg 181/2010; 18. Interpretation Act, RSA 2000, ¢ [-8; 19. Judicature Act, RSA 2000, ¢ J-2:Alberta Rules of Court, Alta Reg 124/201 21. City of Calgary, Land Use Bylaw 1P2007 (as amended), 23 July 2007; 22. City of Calgary, Municipal Development Plan, Bylaw 24P2009, 1 April 2010; 23. City of Calgary, Urban Park Master Plan, approved by Council on 7 March 1994; and 24. City of Calgary, Open Space Plan, approved by Council on 22 July 2002, amended by Council on 3 March 2003 ANY IRREGULARITY COMPLAINED OF OR OBJECTION RELIED ON: 25. None HOW THE APPLICATION IS PROPOSED TO BE HEARD OR CON! IDERED: 26. In person, with all parties present WARNING ‘You are named as a respondent because you have made or expected to make andadverse claim in respect of this originating application. If you do not come to Court either in person or by your lawyer, the Court may make an order declaring you and all persons claiming under you to be barred from taking any further proceedings against the applicant(s) and against all persons claiming under the applicants(s). You will be bound by any order that the Court makes, or another order might be given or other proceedings taken which the applicant(s) is/are entitled to make without any further notice to you. If you want to take part in this application, you or your lawyer must attend in Court on the date and at the time shown at the beginning of this form, If you intend to give evidence in response to the application, you must reply by filing an affidavit or other evidence with the Court and serving a copy of that affidavit or other evidence on the applicant(s) a reasonable time before the application is to be heard or considered.