Colhoun vs RM Lumsden, COURT_Statement_of_Claim_re__R_M_.pdf February 2021

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12. The property referenced in Resolution No. 2019-578, being NW 32-19-21
W3, Surface Parcel No. 111090192 (“NW 32”), is not the subject matter of the Subdivision,
the Subdivision Application, nor owned by Norman or Laura. For further clarity, Emshay
Enterprises Ltd. is the registered owner of NW 32.
13. On or around January 28, 2020, Jeremy Dela Cruz (“Mr. Dela Cruz”),
Planning Consultant for the Government of Saskatchewan, commented on the
inappropriateness of Resolution No. 2019-578, stating:
…Under 184 of The Planning and Development Act, 2007 the approving authority may
require the owner of land that is subject of the proposed subdivision to provide without
compensation part of that land in any location that the approving authority considers
necessary to the Crown. The important clause is that the request of the dedication must be
applicable to the subject land of the proposed subdivision and cannot be extended outside
of the proposed subdivision application….
14. In response to the comments of Mr. Dela Cruz, the R.M. passed Resolution
No. 2020-119 at the Regular Council Meeting held on March 19, 2020 (“Resolution No.
2020-119”), which reads, in part, that “we deny Development Application #2019-038 to
rezone and subdivide land…The RM is unwilling to initiate highway commercial rezoning
proceedings unless it is ensured that the developer has secured land to upgrade the
undeveloped access road to a standard suitable for highway commercial development.”
15. As a result, Norman and Laura were forced to appeal the decision to the
Planning Appeals Committee (the “Appeal”), a committee of the Saskatchewan Municipal
Board (the “SMB”). The Appeal was set down for a hearing date of September 22, 2020 (the
“Hearing Date”).
16. Prior to the Hearing Date, the R.M. had failed and/or refused to present
Norman and Laura with a serving agreement in relation to the Subdivision Application.