Case information
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29600
Les Entreprises Sibeca Inc. v. Municipality of Frelighsburg
(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) |
|---|---|---|
| 2004-12-10 | Appeal closed | |
| 2004-12-09 | Record returned to the Registrar of the Court of Appeal | |
| 2004-10-04 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-10-01 |
Judgment on the appeal rendered, (Iacobucci J. took no part in the judgment.), CJ Ia Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-010537-017, dated November 27, 2002, heard on March 23, 2004 is dismissed with costs. Dismissed, with costs |
|
| 2004-04-13 | Transcript received, (61 pages) | |
| 2004-03-23 | Judgment reserved OR rendered with reasons to follow | |
| 2004-03-23 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-03-23 |
Hearing of the appeal, 2004-03-23, CJ Ia Ba Bi LeB De F Judgment reserved |
|
| 2004-03-23 | Appellant's condensed book, 14 copies | Les Entreprises Sibeca Inc. |
| 2004-03-22 | Notice of appearance, Mr. Jeansonne and Mr. Pierre Luc Blain will be in Court on Mar. 23/04 | Les Entreprises Sibeca Inc. |
| 2004-03-19 | Supplemental factum, (service missing)(sent to the judges on March 22, 2004)(retired by the appellant at the hearing of the appeal) | Les Entreprises Sibeca Inc. |
| 2004-03-19 | Notice of appearance, Jacques Jeansonne, Pierre Luc Blain and Sheena Bassani will be present at hearing. | Les Entreprises Sibeca Inc. |
| 2004-03-17 | Notice of appearance, Guy Pépin and Pierre LePage will be present at hearing. | Municipality of Frelighsburg |
| 2004-03-09 | Appeal perfected for hearing | |
| 2004-03-05 | Respondent's book of authorities, Completed on: 2004-03-09 | Municipality of Frelighsburg |
| 2004-03-05 | Respondent's factum, Completed on: 2004-03-17 | Municipality of Frelighsburg |
| 2004-01-14 |
Decision on motion to file a lengthy factum, (appellant - 52 pages), Reg Granted |
|
| 2004-01-14 | Submission of motion to file a lengthy factum, Reg | |
| 2004-01-09 | Appellant's record, vol. 1 to 10 (24 copies of vol. 1 and 12 copies of vol. 2 to 10), Completed on: 2004-01-21 | Les Entreprises Sibeca Inc. |
| 2004-01-09 | Appellant's book of authorities, Completed on: 2004-01-21 | Les Entreprises Sibeca Inc. |
| 2004-01-09 | Appellant's factum, (52 pages), Completed on: 2004-01-21 | Les Entreprises Sibeca Inc. |
| 2004-01-08 | Response to the motion to file a lengthy factum, (included in motion), Completed on: 2004-01-08 | Municipality of Frelighsburg |
| 2004-01-08 | Motion to file a lengthy factum, (52 pages)(book form), Completed on: 2004-01-08 | Les Entreprises Sibeca Inc. |
| 2003-12-30 |
Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to Jan 9/04, Reg Granted |
|
| 2003-12-29 | Submission of motion to extend time, Reg | |
| 2003-12-23 | Response to motion to extend time, (Letter Form), from G. Pépin dated Dec. 23, 2003 (fax copy - original rec'd Dec. 29/03), Completed on: 2003-12-23 | Municipality of Frelighsburg |
| 2003-12-12 | Motion to extend time, to file the factum to Jan. 9, 2004 (book form), Completed on: 2003-12-12 | Les Entreprises Sibeca Inc. |
| 2003-12-12 | Notice of change of counsel, from L. Blain to J. Jeansonne (included in motion to extend the time) | Les Entreprises Sibeca Inc. |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 |
Appeal hearing scheduled, 2004-03-23 Judgment reserved |
|
| 2003-09-25 | Notice of appeal, Completed on: 2003-09-25 | Les Entreprises Sibeca Inc. |
| 2003-09-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-09-16 | Appeal court record, (joint with Trial Court record - 4 boxes + 4 boxes + 1large map) | |
| 2003-08-29 | Judgment on leave sent to the parties | |
| 2003-08-28 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-010537-017, dated November 27, 2002, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2003-05-26 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-05-26 | Submission of motion to extend time to file and/ or serve the leave application, Ia Bi LeB | |
| 2003-03-05 | Applicant's reply to respondent's argument, Completed on: 2003-03-05 | Les Entreprises Sibeca Inc. |
| 2003-03-05 | Supplemental document, Corrected factum for leave application (6 copies) | Les Entreprises Sibeca Inc. |
| 2003-03-05 | Correspondence received from, Mr. Pierre Luc Blain, dated March 3, 2003 RE: Has corrected paragraph sequence in factum, ammended factum included. | Les Entreprises Sibeca Inc. |
| 2003-02-24 | Respondent's response on the application for leave to appeal, Completed on: 2003-03-28 | Municipality of Frelighsburg |
| 2003-02-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-02-21 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from C. Gervais dated Feb. 21, 2003 (fax copy), Completed on: 2003-02-21 | Municipality of Frelighsburg |
| 2003-01-31 | Motion to extend the time to file and or serve the application for leave to appeal, to Jan 28, 2003 (filed separately), Completed on: 2003-01-31 | Les Entreprises Sibeca Inc. |
| 2003-01-28 | Application for leave to appeal, (6 copies vols. 1- 2 and and 1diskette) (Received corrected factum on March 5, 2003), Completed on: 2003-02-24 | Les Entreprises Sibeca Inc. |
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 |
|---|---|---|
| Les Entreprises Sibeca Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Municipality of Frelighsburg | Respondent | Active |
Counsel
Party: Les Entreprises Sibeca Inc.
Counsel
Pierre Luc Blain
Sheena Bassani
1100, rue de la Gauchetière Ouest
7eme Étage
Montréal, Quebec
H3B 2S2
Telephone: (514) 878-3353
FAX: (514) 878-0018
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Municipality of Frelighsburg
Counsel
Pierre Le Page
1, Place Ville-Marie, #1700
Montreal, Quebec
H3B 2C1
Telephone: (514) 878-3081
FAX: (514) 878-3053
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Summary
Keywords
None.
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.
In 1998, the Appellant acquired 1,500 acres in adjacent pieces of land on the Mont Pinacle (“Pinacle”), intending them to be used for a ski resort, a golf course and a residential housing project, the Domaine de l’Aigle. The Appellant’s project was approved in principle by the Respondent’s municipal council. Some of the Frelighsburg residents against this project founded the Fiducie foncière du Mont Pinacle to look for the financing needed to acquire lots on the Pinacle and to develop and maintain specially protected areas and hiking trails. Other residents brought an action in nullity, which was dismissed in 1992, against the development working scheme.
On April 6, 1992, the Appellant asked the Commission de protection du territoire agricole du Québec for an authorization to build in this agricultural zone a private access road to the Domaine de l’Aigle. The authorization was granted the following year. On June 5, 1992, the Respondent issued a subdivision permit for the Domaine de l’Aigle. In September 1992, the Appellant obtained the required deforestation authorization On April 1, 1993, the Respondent issued to the Appellant building permits for three model homes.
In November 1993, a municipal election was held in Frelighsburg. Several parties to the action in nullity against the development working scheme or trustees of the Fiducie foncière became councillors of the Respondent municipality. Faced with many hurdles, the Appellant felt compelled to abandon its ski resort project. A by-law amending the By-law 215-82 on zoning and subdivision and requiring the submission of development site plans was subsequently passed. The Appellant’s housing project could not go ahead and its lots on Pinacle had to be sold.
In its April 11, 1994 demand letter to the Respondent, the Appellant objected to the disguised expropriation of its property and claimed $ 5,000,000 in damages.The Appellant institued an action in nullity against the municipal by-laws and sought damages from the Respondent. On December 14, 2000, the Superior Court granted in part the Appellant’s action and awarded it $330,500 in damages. On November 27, 2002, the Court of Appeal set aside this judgment.
Lower court rulings
Superior Court of Quebec
455-05-000090-949
Action de l'appelante en nullité et en dommages-intérêts accueillie en partie: règlements déclarés injustes, abusifs, indûment discriminatoires et adoptés de mauvaise foi; intimée condamnée à payer la somme de 330 500 $
Court of Appeal of Quebec (Montréal)
500-09-010537-017
Appel accueilli; action de l'appelante rejetée; appel incident rejeté
Filed documents
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 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 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.
Downloadable PDFs
Not available
Related links
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available