Churyl Elgart

Churyl Elgart  

Counsel

Executive Summary

Churyl is Counsel in the Commercial Litigation Group of our Calgary office. Her practice is focused on land law.

In her planning and development practice, Churyl advises private clients on all matters related to the development of land. This includes land use redesignations, subdivision approvals, development permits, appeals, and the drafting of bylaws and policies. She also advises municipal bodies, including appeal boards.

Churyl is frequently involved in negotiations, disputes and litigation related to development agreements, offsite levies and infrastructure cost recoveries, municipal bylaw enforcement, Building and Fire Codes, medical marijuana developments, tree damage, stormwater drainage, private roads and road closures, real estate contracts and commercial leases, illegal subdivisions, and restrictive covenants.

Churyl has assisted over a dozen commercial and residential landowners through the Alberta expropriation process, and brings her knowledge of planning law to the process.

With a keen interest in the life and work of cities, Churyl engages in discussions about the development of practical laws and policies, and participates in the National Canadian Bar Association Municipal Section Homelessness Working Group. She provides guest lectures and presentations, writes and reads extensively on topics of interest, and is currently updating an expropriation text.

Churyl articled with the Regional Municipality of Peel in Ontario. She has appeared before Calgary City Council, various Subdivision and Development Appeal Boards, the Alberta Court of Queen’s Bench, and the Alberta Court of Appeal.​

Representative Work

Reported Municipal and Planning Decisions

  • SDAB2016-0037 (Re), 2016 CGYSDAB 37 (residence)
  • SDAB2016-0030 (Re), 2016 CGYSDAB 30 (residence)
  • SDAB2015-0142 (Re), 2015 CGYSDAB 142 (Calgary Drop-In & Rehab Centre Society Centre 4800 development permit)
  • SDAB2015-0004 (Re), 2016 CGYSDAB 4 (retaining wall)
  • SDAB2015-0160 (Re), 2015 CGYSDAB 160 (residence)
  • SDAB2015-0044 (Re), 2015 CGYSDAB 44 (retaining wall)
  • SDAB2015-0012 (Re), 2015 CGYSDAB 12 (daycare)
  • SDAB2014-0121 (Re), 2014 CGYSDAB 121 (residence)
  • SDAB2014-0100 (Re), 2014 CGYSDAB 100 (digital sign)
  • SDAB2014-0031 (Re), 2014 CGYSDAB 31 (residence)
  • Maduke v. Leduc (County No. 25), 2010 ABCA 331
  • Maduke v. Leduc (County No. 25), 2009 ABCA 382

Fatality Inquiry

  • Report to the Attorney General – Public Fatality Inquiry into the death of Kevan John Chandler, December 29, 2008 (Docken & Company)​

Expropriations

Churyl has been involved on various infrastructure projects across the Province, including:

  • West LRT (Calgary)
  • Green Line LRT (Calgary)
  • Sports and Entertainment Complex (Fort McMurray)
  • Southeast Valley Line LRT (Edmonton)
  • 17th Avenue SE Bus Rapid Transit (Calgary)
  • Metis Trail Widening (Calgary)

Publications & Presentations

Journal Articles

  • Co-Author, “AB ruling reminds service firms to first obtain municipal permits,” Environment and Policy Law, May 2015.

BLG Publications

  • Co-Author, “Alberta Court of Appeal Decision a Reminder of the Importance of Municipal Approvals Prior to Oil & Gas Operations,” The Resource: BLG Energy Law Blog, May 14, 2015.

Presentations

  • Guest Lecturer, “Real World Planning Law and the MGA,” Professional Planning Practice Course (EVDS 621), Faculty of Environmental Design, University of Calgary, January 5, 2017.
  • Speaker, “Summary of Bill 21 Amendments to the Municipal Government Act,” Commercial Real Estate Section (South), Alberta Branch, Canadian Bar Association, December 8, 2016.
  • Speaker, “Summary of Bill 21 Amendments (First Reading), Alberta Municipal Government Act, Parts 17-17.2,” Municipal Section (South), Alberta Branch, Canadian Bar Association, October 8, 2016.
  • Speaker, “Alberta Branch Report,” National Meeting, Municipal Law Section, Canadian Bar Association, Ottawa, April 9, 2016.
  • Speaker, “Making Your Own Rules – About Section 30 Agreement Limitation Periods,” Alberta Expropriation Association Conference, October 17, 2015.​

Rankings and Recognitions

  • Recognized in the 2018 edition of Chambers CanadaCanada's Leading Lawyers for Business (Real Estate: Zoning/Land Use: Alberta).