Case information

Civil procedure — Contempt of court — Municipality having servitude of right of way on owner’s land — Owner building residence and construction materials obstructing right of way — Owner ordered to carry out work to restore land to condition it was in prior to obstruction — Owner found guilty of contempt of court for not completing work — Extent of contempt judge’s discretion — Whether Court of Appeal erred in law by proceeding as if proof of actus reus alone was sufficient for finding of contempt of court and made it possible to infer requisite culpable intent beyond reasonable doubt — Whether Court of Appeal erred in law by failing to consider defence of impossibility of acting — Whether owner nonetheless complied with spirit of order by creating alternative right of way — Whether Court of Appeal disregarded rules of interpretation with respect to contempt of court by, on one hand, interpreting injunction orders strictly and literally to find that contempt committed and, on other hand, adding unstated conditions to language of orders to find that orders implicitly included obligation to carry out work in accordance with municipal by laws — Whether Court of Appeal erred in not considering whether application for finding of contempt was recourse of last resort for municipality — Act respecting land use planning and development, CQLR, c. A 19.1, s. 227.

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The municipality of Sainte Adèle has a servitude of right of way situated on the land of Lise Proulx and her spouse, Marc Lupien. During the construction of a residence on the land, the construction materials allegedly obstructed the site of the right of way, which until then was being used by the municipality.

In 2014, Delorme J. of the Quebec Superior Court found that the route established by servitude had been unlawfully obstructed and therefore ordered Ms. Proulx to carry out work to remove obstacles from the route and restore the land to the condition it had been in prior to the obstruction. In 2015, the work not having been completed, the municipality brought contempt of court proceedings action against Lise Proulx and her spouse, Marc Lupien, and against Société en commandite Sommet Bleu and Gestion Campus Corbusier Ltée.

Lalonde J. of the Superior Court acquitted all the accused of contempt of court. The Court of Appeal unanimously set aside the trial judgment and allowed the municipality’s appeal in part, finding Ms. Proulx guilty of contempt of court and remitting the matter to the trial judge for sentencing.