Disguised expropriation : Saint-Colomban will pay an indemnity of nearly 5 million dollars

 

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.