Case information
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40336
Charles Robitaille v. Ville de Sorel-Tracy
(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) |
|---|---|---|
| 2023-05-12 | Close file on Leave | |
| 2023-04-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-04-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-029693-215, 2022 QCCA 773, dated June 2, 2022, is dismissed. Dismissed, no order as to costs |
|
| 2023-03-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-10 | Certificate (on limitations to public access), 23A | Ville de Sorel-Tracy |
| 2022-11-10 | Notice of name, (Letter Form), (Printed version due on 2022-11-18) | Ville de Sorel-Tracy |
| 2022-10-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-10-28, (Printed version filed on 2022-10-20) | Charles Robitaille |
| 2022-10-05 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: - Notice of name (rec'd 2022-11-10) - Form 23A (rec'd 2022-11-10), Completed on: 2022-11-10, (Printed version due on 2022-10-13) |
Ville de Sorel-Tracy |
| 2022-09-12 | Correspondence received from, (Letter Form), Notice of appearance., (Printed version due on 2022-09-19) | Ville de Sorel-Tracy |
| 2022-09-08 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-09-08 | |
| 2022-09-01 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-07) | Charles Robitaille |
| 2022-09-01 | Application for leave to appeal, (Book Form), Completed on: 2022-09-01, (Printed version filed on 2022-09-07) | Charles Robitaille |
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 |
|---|---|---|
| Robitaille, Charles | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ville de Sorel-Tracy | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Officier de la publicité des droits de la circonscription foncière de Richelieu | Intervener | Active |
Counsel
Party: Robitaille, Charles
Counsel
1, rue McGill
Bureau 15B
Montreal, Quebec
H2Y 4A3
Telephone: (514) 844-6250 Ext: 235
FAX: (514) 842-5986
Email: sp@beauregardavocats.com
Party: Ville de Sorel-Tracy
Counsel
Simon Frenette
2955 rue Jules-Brillant
Bureau 301
Laval, Quebec
H7P 6B2
Telephone: (514) 331-5010
FAX: (514) 331-0514
Email: rsoucy@dhcavocats.ca
Party: Officier de la publicité des droits de la circonscription foncière de Richelieu
This party is not represented by counsel.
Summary
Keywords
Municipal law — Zoning by-law —Disguised expropriation — Indemnity — Whether knowledge of prohibitive zoning at time of purchasing immovable precludes action for payment of indemnity for disguised expropriation.
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.
The applicant, Charles Robitaille, brought legal proceedings against the respondent, Ville de Sorel-Tracy, in the Quebec Superior Court. He argued that an immovable he had purchased from the respondent through a sale for non-payment of taxes had been expropriated in a disguised manner, and he claimed an indemnity from the respondent. Considering the application to be unfounded in law, the respondent sought the dismissal of the originating application. The trial judge granted the respondent’s motion and dismissed the applicant’s application. The Quebec Court of Appeal dismissed the applicant’s appeal.
Lower court rulings
Superior Court of Quebec
2021 QCCS 3413, 765-17-002141-218
Respondent’s motion to dismiss granted; applicant’s amended originating application dismissed
Court of Appeal of Quebec (Montréal)
2022 QCCA 773, 500-09-029693-215
Appel 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