Case information

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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.

Municipal law — Zoning — By laws — Interpretation — Acquired rights — Vacant lot leased by corporate owner as parking lot — Whether right to such use transmitted to inn that became owner — Whether subsequent authorization granted to new owner — Main use or accessory use permitted — Whether business has acquired rights to commercial leasing if it was permitted by initial by law and administrative conditions formerly in effect — Whether initial by law and administrative conditions formerly in effect permitted it in this case — Whether fact that use not specifically mentioned among uses permitted by zoning by law necessarily means it is prohibited — Whether Court of Appeal made dual error of law by interfering with assessment of past facts giving rise to acquired rights and present facts justifying exercise of discretion conferred by law on trial judge — By law concerning the erection and occupancy of buildings in St. James Ward, Montréal No. 1376 (1935 1973), art. 9 — Act respecting land use planning and development, R.S.Q. c. A 19.1, s. 227.

The Auberge owned an immovable on De Maisonneuve Boulevard in Montréal; part of the immovable was occupied by a restaurant operated by a lessee. There was a bookstore in the neighbouring immovable on the west side and another restaurant in the neighbouring immovable on the east side. The Auberge also owned the vacant lot adjacent to those four commercial establishments. It provided its customers with parking spots on that lot or leased the spots to customers of the neighbouring businesses and even to the public. In 2007, Montréal began issuing statements of offence to the Auberge on the ground that it was not authorized to operate a commercial parking lot in that place. The Auberge challenged the statements in the Municipal Court of Montréal. The City applied to the Superior Court for an order to cease operating the parking lot.