Case information
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34338
Camping Granby Inc. v. City of Granby
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-05-28 | Correspondence received from, G. Achim dated may 24/12, re.: Receipt for fees | City of Granby |
| 2012-04-18 | Close file on Leave | |
| 2012-04-10 | Certificate of taxation issued to, Guy Achim | |
| 2012-04-10 | Decision on the bill of costs, in the amount of $1,252.64, Reg | |
| 2012-04-02 | Submission of the bill of costs, Reg | |
| 2011-12-22 | Bill of costs, Completed on: 2011-12-22 | City of Granby |
| 2011-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-11-04 | Judgment on leave sent to the parties | |
| 2011-11-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019820-091, 2011 QCCA 819, dated May 3, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2011-10-03 | All materials on application for leave submitted to the Judges, LeB F Cro | |
| 2011-08-29 | Respondent's response on the application for leave to appeal, proof of service missing, rec'd September 2, 2011, form 14 included, Completed on: 2011-09-02 | City of Granby |
| 2011-08-25 | Book of authorities, proof of service missing - rec'd by fax Sept. 14/11 | Camping Granby Inc. |
| 2011-07-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-06-30 | Application for leave to appeal, form 14 rec'd separately August 3, 2011, Completed on: 2011-06-30 | Camping Granby Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Camping Granby Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Granby | Respondent | Active |
Counsel
Party: Camping Granby Inc.
Counsel
265, rue St-Paul
Québec, Quebec
G1K 3W6
Telephone: (418) 692-3636
FAX: (418) 692-2916
Email: fmarchand@daignaultetassocies.com
Party: City of Granby
Counsel
234, rue Dufferin
Bureau 200
Sherbrooke, Quebec
J1H 4M2
Telephone: (819) 566-4466 Ext: 500
FAX: (819) 565-2891
Email: legal@montycoulombe.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Municipal law — Prohibitive by law — By laws — Interpretation — Use not conforming to zoning and right under by laws to continue and extend such use — Campground opened before territory annexed to city — Constant development of activity throughout periods when authorization varied under by laws — New by law adopted that bolstered activity while creating buffer zone between activity and residential sector — Acquired rights alleged — Whether Court of Appeal erred in concluding that past municipal by laws not prohibitive.
The Camping Granby campground had existed since 1969; it was originally in the township of Granby but was annexed to the City of Granby in 1974. The municipal zoning for the sector varied a great deal over time. The applicant purchased the land in 1995. In 2003, the City adopted a new by law that formalized the campground’s commercial status while creating a residential buffer zone around it. The company believed instead that it had acquired rights for all of its land and undertook another expansion.
Lower court rulings
Superior Court of Quebec
2009 QCCS 2427, 460-17-000622-068
Part of applicant’s land declared excluded from its acquired right to use land for campground; applicant ordered to cease such use
Court of Appeal of Quebec (Montréal)
2011 QCCA 819, 500-09-019820-091
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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