Kamphuis v Calgary (Subdivision and Development Appeal Board)

canada, canadian, case law, court opinion, canlii, abca, 2026abca280, 2026 abca 280 (canlii), 2026, abca, 280, (canlii), 2601-0113ac, 2026, administrative law, appeals from administrative tribunals, leave to appeal, municipal government act, s. 688(3), whether proposed appeal raises a question of law of sufficient importance with a reasonable chance of success, threshold for permission to appeal from a subdivision and development appeal board decision, leave framework applied, application dismissed, administrative law, appellate review, new issues on appeal, whether applicant may raise issues not argued before the board, distinction between refining an argument and raising an entirely new argument on appeal, considerations of evidential foundation, absence of tribunal reasons, and finality, new issues refused, application dismissed, administrative law, fairness and prejudice, record adequacy, whether prejudice and an informational gap bar permission to appeal, respondents lacked opportunity to address the argument in the first instance, lack of submissions and reasons on the new point undermines a complete record, appellate court unable to assess analysis on a complete record, application dismissed, municipalities, land use planning, development permits and secondary suites, whether appeal turns on interpretation and application of “secondary suite” under land use bylaw, s. 295 and s. 130(5), proposed questions on “located within” and “part of and secondary to”, reliance on consequences under s. 354(3) challenged, application dismissed