Case information
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37381
Ville de Lorraine, et al. v. 2646-8926 Québec inc.
(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) |
|---|---|---|
| 2019-05-06 | Appeal closed | |
| 2019-05-06 | Certificate of taxation issued to, Michel Beausoleil | |
| 2019-05-06 | Decision on the bill of costs, in the amount of $6,550.23, Reg | |
| 2019-05-06 | Submission of the bill of costs, Reg | |
| 2019-01-07 | Bill of costs, (Letter Form), 1 copy missing (received 2019-03-06)., Completed on: 2019-03-07 | Ville de Lorraine |
| 2018-07-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-07-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-07-06 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-025517-152, 2016 QCCA 1803, dated November 7, 2016, heard on January 9, 2018, is allowed with costs throughout. The orders of the Court of Appeal declaring that the contested by laws are inoperable are set aside. The order of the Superior Court dismissing the action in nullity is restored. Allowed, with costs |
|
| 2018-01-24 | Transcript received, 92 pages | |
| 2018-01-09 | Judgment reserved OR rendered with reasons to follow | |
| 2018-01-09 | Intervener's condensed book, (Book Form), 14 copies submitted in court | Québec Association of Construction and Housing Professionals Inc. |
| 2018-01-09 |
Hearing of the appeal, 2018-01-09, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2017-12-19 |
Notice of appearance, Pierre Paquin, Michel Beausoleil and Émilie Duquette will be present. Mr. Paquin and Mr. Beausoleil will present oral arguments. |
Ville de Lorraine |
| 2017-12-18 | Notice of appearance, (Book Form), Régis Nivoix and Mélanie Dubreuil will be present at the hearing. Mr. Nivoix will present oral arguments. | 2646-8926 Québec inc. |
| 2017-12-15 | Notice of appearance, (Letter Form), Nikolas Blanchette and Martin F. Sheehan will be present at the hearing. Mr. Blanchette will present oral arguments. | Québec Association of Construction and Housing Professionals Inc. |
| 2017-12-08 | Notice of appearance, (Letter Form), Marc-André LeChasseur will be present at the hearing and will present oral arguments. | Communauté métropolitaine de Montréal |
| 2017-12-07 | Intervener's book of authorities, (Book Form), Completed on: 2017-12-07 | Québec Association of Construction and Housing Professionals Inc. |
| 2017-12-07 | Intervener's factum, (Book Form), Completed on: 2017-12-07 | Québec Association of Construction and Housing Professionals Inc. |
| 2017-12-07 | Intervener's book of authorities, (Book Form), Completed on: 2017-12-07 | Communauté métropolitaine de Montréal |
| 2017-12-07 | Intervener's factum, (Book Form), Completed on: 2017-12-07 | Communauté métropolitaine de Montréal |
| 2017-12-05 | Appeal perfected for hearing | |
| 2017-11-22 | Notice of hearing sent to parties | |
| 2017-11-22 |
Appeal hearing scheduled, 2018-01-09 Judgment reserved |
|
| 2017-11-20 | Respondent's book of authorities, (Book Form), Completed on: 2017-11-20 | 2646-8926 Québec inc. |
| 2017-11-20 | Respondent's factum, (Book Form), Completed on: 2017-11-20 | 2646-8926 Québec inc. |
| 2017-11-09 | Order on motion to extend time, (by ABELLA J.) | |
| 2017-11-09 | Order on motion for leave to intervene, (by ABELLA J.) | |
| 2017-11-09 |
Decision on motion to extend time, Abe, See order on motion for leave to intervene dated November 9, 2017. Granted |
|
| 2017-11-09 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Communauté métropolitaine de Montréal and the Québec Association of Construction and Housing Professionals Inc. for leave to intervene in the above appeal; AND UPON APPLICATION by the appellants for an order extending the time within which to serve and file their responses to the motions for leave to intervene; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The appellants’ motion for an extension of time is granted. The motions for leave to intervene are granted. Each of the said two (2) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before December 7, 2017. Each of the said interveners is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Granted |
|
| 2017-11-09 | Submission of motion to extend time, Abe | |
| 2017-11-09 | Submission of motion for leave to intervene, Abe | |
| 2017-11-08 | Response to motion to extend time, (Included in the reply to the motion for leave to intervene), Completed on: 2017-11-08 | Québec Association of Construction and Housing Professionals Inc. |
| 2017-11-08 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-11-08 | Québec Association of Construction and Housing Professionals Inc. |
| 2017-11-07 | Correspondence received from, (Letter Form), Régis NIvoix (by email). Will not be responding to the motion for extension of time to file and serve the responses to the motions for leave to intervene. | 2646-8926 Québec inc. |
| 2017-11-06 | Motion to extend time, (Letter Form), to serve and file the responses to the motions for leave to intervene., Completed on: 2017-11-06 | Ville de Lorraine |
| 2017-11-03 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-11-03 | Communauté métropolitaine de Montréal |
| 2017-11-03 | Notice of name, (Letter Form) | Communauté métropolitaine de Montréal |
| 2017-11-01 | Response to the motion for leave to intervene, (Letter Form), Motion for extension of time required (received 2017-11-06), Completed on: 2017-11-07 | Ville de Lorraine |
| 2017-11-01 | Response to the motion for leave to intervene, (Letter Form), motion to ext. time missing (received 2017-11-06), Completed on: 2017-11-07 | Ville de Lorraine |
| 2017-10-30 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-10-30, (Printed version filed on 2017-11-01) | 2646-8926 Québec inc. |
| 2017-10-20 | Certificate (on limitations to public access), (Letter Form) | Québec Association of Construction and Housing Professionals Inc. |
| 2017-10-20 | Notice of name, (Letter Form) | Québec Association of Construction and Housing Professionals Inc. |
| 2017-10-20 | Motion for leave to intervene, (Book Form), Completed on: 2017-10-20, (Electronic version filed on 2017-10-20) | Québec Association of Construction and Housing Professionals Inc. |
| 2017-10-20 | Motion for leave to intervene, (Book Form), Form 14 missing (received 2017-11-03)., Completed on: 2017-11-03, (Electronic version filed on 2017-10-20) | Communauté métropolitaine de Montréal |
| 2017-09-25 | Certificate of counsel (attesting to record), (Letter Form) | Ville de Lorraine |
| 2017-09-25 | Appellant's book of authorities, (Book Form), Completed on: 2017-09-25 | Ville de Lorraine |
| 2017-09-25 | Appellant's record, (Book Form), (5 volumes), Completed on: 2017-09-25 | Ville de Lorraine |
| 2017-09-25 | Appellant's factum, (Book Form), Completed on: 2017-09-25 | Ville de Lorraine |
| 2017-08-01 | Notice of appeal, Completed on: 2017-08-01 | Ville de Lorraine |
| 2017-06-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-06-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-02 | Judgment on leave sent to the parties | |
| 2017-06-01 |
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 500-09-025517-152, 2016 QCCA 1803, dated November 7, 2016, is granted with costs to the applicants in the cause. Granted, with costs |
|
| 2017-04-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-02-13 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-02-13, (Electronic version filed on 2017-02-13) | Ville de Lorraine |
| 2017-02-03 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-02-03) | 2646-8926 Québec inc. |
| 2017-02-03 | Notice of name, (Letter Form), (Electronic version filed on 2017-02-03) | 2646-8926 Québec inc. |
| 2017-01-31 | Respondent's response on the application for leave to appeal, (Letter Form), Proof of service missing (received 2017-02-03), Completed on: 2017-02-03, (Electronic version filed on 2017-01-31) | 2646-8926 Québec inc. |
| 2017-01-09 | Letter acknowledging receipt of a complete application for leave to appeal, (FILE OPENED 2017-01-09) | |
| 2017-01-06 | Certificate (on limitations to public access), (Letter Form), Revised version filed on 2017-01-09, (Electronic version filed on 2017-01-06) | Ville de Lorraine |
| 2017-01-06 | Notice of name, (Letter Form), (Electronic version filed on 2017-01-06) | Ville de Lorraine |
| 2017-01-06 | Application for leave to appeal, (Book Form), (5 volumes), Completed on: 2017-01-09, (Electronic version filed on 2017-01-06) | Ville de Lorraine |
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 |
|---|---|---|
| Ville de Lorraine | Appellant | Active |
| Municipalité régionale de comté de Thérèse-De Blainville | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 2646-8926 Québec inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Communauté métropolitaine de Montréal | Intervener | Active |
| Québec Association of Construction and Housing Professionals Inc. | Intervener | Active |
Counsel
Party: Ville de Lorraine
Counsel
Pierre Paquin
380, boul. Labelle, bureau 380
Rosemère, Quebec
J7A 3R8
Telephone: (450) 435-9307
FAX: (450) 435-0424
Email: mbeausoleil@tandem-avocats.com
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: Municipalité régionale de comté de Thérèse-De Blainville
Counsel
Émilie Duquette
380, boul. Labelle, bureau 380
Rosemère, Quebec
J7A 3R8
Telephone: (450) 435-9307
FAX: (450) 435-0424
Email: mbeausoleil@tandem-avocats.com
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: 2646-8926 Québec inc.
Counsel
Mélanie Dubreuil
6455, rue Jean-Talon Est
Bureau 501
Montréal, Quebec
H1S 3E8
Telephone: (514) 253-3338
FAX: (514) 251-0560
Email: nivoix@dinlex.com
Agent
116 boulevard Saint-Joseph
Gatineau, Quebec
J8Y 3W8
Telephone: (819) 778-8809
FAX: (819) 778-7311
Email: slaflamme@laboitejuridique.ca
Party: Communauté métropolitaine de Montréal
Counsel
Frédérique St-Jean
5, Place Ville Marie
Bureau 900
Montréal, Quebec
H3B 2G2
Telephone: (514) 845-0280
FAX: (514) 878-3053
Email: malechasseur@belangersauve.com
Party: Québec Association of Construction and Housing Professionals Inc.
Counsel
Martin F. Sheehan
Tour de la Bourse
800, rue du Square-Victoria, Bureau 3700
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: nblanchette@fasken.com
Agent
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com
Summary
Keywords
Municipal law - By-law - Validity - Excess of jurisdiction - Disguised expropriation - Reasonable time for instituting action in nullity - Whether adoption of restrictive zoning by-law, in this case by-law creating conservation zone, in itself constituted abuse of power and was therefore ultra vires act - Civil Code of Québec, art. 952
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.
On July 7, 1989, the respondent 2646-8926 Québec inc. paid $1,286,000 to purchase land in a residential zone of the appellant town of Lorraine. In 1991, the town passed a by-law (by-law U-91, replaced in 2010 by by-law URB-03) that changed the zoning for 60% of the respondent’s land in order to create a conservation zone, thereby preventing any residential development on that part of the land. In late 2001, the respondent’s majority shareholder learned of the by-law and discovered that the appellant had put in some infrastructures for hiking and cross-country skiing on part of its land, including culverts, stairs, fences and public benches. After contacting the town of Lorraine, which refused to amend its by-law, the respondent brought an action in nullity against the by-law in November 2007, seeking damages and the removal of the infrastructures. It also brought an action in nullity against by-law 10-02 of the appellant regional county municipality of Thérèse-De Blainville, which implemented a development plan that also changed the zoning for the respondent’s land.
Lower court rulings
Superior Court of Quebec
2015 QCCS 3135, 700-17-004770-078
Action in nullity dismissed
Court of Appeal of Quebec (Montréal)
2016 QCCA 1803, 500-09-025517-152
Appeal allowed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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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