Disguised expropriation : Saint-Colomban will pay an indemnity of nearly 5 million dollars
- Posted by Me Roger Paiement
On June 21, the Superior Court of Quebec rendered an important judgment on disguised expropriation, in Boutique de Golf Gilles Gareau inc. c. Municipality of Saint-Colomban 2017 QCCS 2689.
The owner had completed 8 out of 10 phases of a residential development project.
The court had to determine whether the municipality of Saint-Colomban had abused its right by amending its municipal by-laws so as to prevent the completion of phases 9 and 10.
After an analysis of the applicable case law on the abuse of rights, the court concludes that the restrictive use imposed by the regulation constitutes a negation of the exercise of the right of property without compensation and an abuse of power equivalent to fraud.
It therefore declares that By-law # 601-2013-27 constitutes a disguised expropriation and declares that the owner is entitled to receive an expropriation indemnity of $ 4,008,900.00.
If you have any questions regarding this particular judgment or about disguised expropriation, please do not hesitate to contact the Beauregard Avocats team.