Me Vanessa Hergett
- Vanessa advises landlords, developers, builders and constructors in obtaining the required authorizations for their projects at every stage; either for a change in the Metropolitan Land Use and Development Plan or the Planning Program, a zoning change, the approval of a Specific Construction, Alteration or Occupancy Proposals for an Immovable (PPCMOI), a demolition permit or a building permit. She participates in the approval of a site plan, a minor exemption, to authorize a conditional use, makes representations in a public consultation and manages the applications for approval by referendum.
- She analyzes and audits planning regulations (zoning, Planning program, Metropolitan Land Use and Development Plan, acquired rights, minor exemption, PPCMOI, conditional uses, etc.) and gives opinions on the conformity of development or building projects (applicable regulations and by-laws).
- She has participated in a number of actions to force a city to issue a building permit or a certificate of authorization (mandamus).
- She represents clients against cities or before judicial authorities for the recognition of acquired rights for a use or a construction (such as commercial parking lots, mechanical garages, transport companies, commercial buildings and bars).
- She represents landlords, tenants or businesses sued by cities and municipalities, in criminal matters, for offenses committed in connection with planning regulations, such as zoning by-laws.
- She performs vigils on the adoption of new regulations affecting land use and zoning changes.
- She renders opinions regarding water rights.
- She advises her clients on the application of the Act Respecting the Preservation of Agricultural Land and Agricultural Activities.
- She is involved in a major litigation case concerning the establishment of a mine and quarry.
- Vanessa represents landlords and commercial tenants before the Quebec Administrative Tribunal (TAQ) regarding the contestation of the assessment roll.
- She represents commercial owners and / or tenants before the superior courts, in judicial review or appeal of decisions of the Administrative Tribunal of Quebec, regarding contestations of the assessment role.
- She advises landlords on contesting parks and playgrounds fees (10% for parks), before the Superior Court or before the TAQ.
- She renders opinions and advises landlords on the payment or contribution for parks and playgrounds (park fees) for real estate developments.
- She advises her clients on loan regulations decreeing municipal works and the imposition of local improvement taxes (water works, street, sewers, etc.), municipal tariffs and transfer duties (welcome tax).
- She advises her clients on municipal fees, and more particularly, in connection with the implementation of the Réseau express métropolitain (REM)
- She advises and represents expropriated parties in expropriations undertaken by municipalities, cities, the Ministry of Transport (MTQ), or other government agencies.
- Vanessa represents expropriated parties in their contestation of the expropriation or the contestation of a reserve notice before the Superior Court of Quebec.
- She advises her clients in connection with expropriation indemnities or damages resulting from expropriation or land reserve notices.
- She renders legal opinions on real estate matters, such as rights of way, rights of view and non-construction servitudes.
- She advises condominium associations in the drafting and enforcement of the Declaration of co-ownership and building by-laws.
- She represents an association of citizens in a class action against a major engineering firm and the Government of Québec.
- She participated in a major construction law suit.
- She represents a group of residents against the Quebec Ministry of Natural Resources (MERN) in the recognition of their right of occupation on lands in the domain of the State.
As part of her practice, Vanessa advises clients on a variety of contentious and strategic issues, including those relating to regulatory aspects of new development projects, compliance review concerning zoning and building regulations, rezoning, building permit applications, acquired rights and parks fees.
She also acts as counsel to other lawyers who lack the expertise in municipal law, urban planning, expropriation or municipal taxation.
Vanessa is past president and actual vice-president of the Municipal Section of the Canadian Bar Association – Quebec Division. She is also a member of the Québec Board of the Canadian Bar Association and the Young Bar Association of Montreal.
She acts as a board director of the Regroupement des organismes du Montréal ethnique pour le logement (ROMEL) and also acts as a board director of a condominium association.
She is a mediator accredited by the Quebec Bar and is fluent in French, English and Spanish.
She was a member of the Access to Justice Committee of the University of Montreal (2007-2008) and the Committee of Graduates in law from the University of Montreal (2008-2009).
- Called to the Bar in 2010
- Bachelor of Laws, Université de Montréal, LL.B. 2009
- “Civil and Commercial Mediation”, Development Session, Université de Sherbrooke, 2015
Publications and Conferences
Park Fees. Conference at the 21st congress of the Ordre des évaluateurs agréés du Québec (50th anniversary), October 18, 2019.
“Les Villes «redéveloppent» (sic) les frais de parcs”, The Canadian Bar Association, Quebec Division (2015)
“Les contributions reliées au développement immobilier et autres redevances municipales”. Vanessa Hergett and Louis Beauregard, Développements récents en droit municipal 2018, volume 442, Service de la qualité de la profession du Barreau du Québec.
Revue de la jurisprudence en aménagement et urbanisme, The Canadian Bar Association, Quebec Division, October 8, 2021
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