New twist in the legal saga of the Boisé des Hirondelles. The Court of Appeal annuls a decision condemning Saint-Bruno-de-Montarville to pay compensation for disguised expropriation to Senator Paul Massicotte. A court will now have to decide whether the woodland has “significant ecological value” to justify the payment of compensation or not.
In an 11-page decision handed down on June 18, the Quebec Court of Appeal overturns the verdict of Judge Lukasz Granosik in favor of Sommet Prestige Canada, a company owned by Paul Massicotte. The appeal court asks the magistrate of the Superior Court “to rule on the merits” of the arguments of Saint-Bruno’s lawyers, who invoke new provisions of the Law on land use planning and development allowing protection certain natural environments without paying compensation to its owners.
In March 2023, Judge Granosik concluded that Senator Paul Massicotte had been the victim of a disguised expropriation of his land located in the Hirondelles woodland and that he was entitled to compensation. The developer wanted to carry out a subdivision project in the wooded area, but the City had adopted regulations intended to protect this natural environment.
Ten months later, the National Assembly made modifications to the Land Use and Urban Planning Act in order to give more room for maneuver to municipalities wishing to protect the natural environments on their territory. The addition of an article (245) provides that a city is not required to pay compensation to an owner when it is a question of protecting wetlands or a natural environment that has “significant ecological value”. .
Quebec was then responding to a request from the municipal world, which is facing several lawsuits for disguised expropriation after changes to zoning regulations in recent years.
It should be noted that elected officials decided that this new article had a retroactive effect and could apply to cases already before the courts. This is the argument invoked by the Saint-Bruno lawyer, Me Jean-François Girard, before the Court of Appeal.
What is a natural environment that has “significant ecological value”? This is the question that Judge Lukasz Granosik will have to answer, since the elected officials did not specify the scope of the concept.
The Metropolitan Community of Montreal (CMM) designated the Hirondelles woodland in 2022 as a natural environment of interest in an interim control regulation aimed at protecting natural environments on its territory. A regulation contested by Paul Massicotte in court.
According to Jean-François Girard, who is also a biologist, the woodland, which is contiguous to Mont-Saint-Bruno Park, is considered an important link in the network of natural environments in Saint-Bruno and in the Montérégie region. It is also known for being home to five-leaflet ginseng plants, an endangered species.
“The issue is becoming more circumscribed and it is now highly scientific,” says Me Girard in an interview with La Presse. According to him, the decision that Judge Granosik will make “is fundamental for the future of all municipalities.”
The De Granpré Chait firm, which represents Paul Massicotte, did not respond to La Presse’s request for an interview.
