Case information
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41679
9263-7552 Québec Inc. v. Procureur général du Québec
(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) |
|---|---|---|
| 2025-08-08 | Close file on Leave | |
| 2025-07-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-03 | Judgment on leave sent to the parties | |
| 2025-07-03 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-030581-235, 2024 QCCA 1526, dated November 15, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-07-03 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2025-05-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-03-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-03-26, (Printed version filed on 2025-03-27) | 9263-7552 Québec Inc. |
| 2025-03-18 | Certificate (on limitations to public access), 23A | Procureur général du Québec |
| 2025-03-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-03-18 | Procureur général du Québec |
| 2025-02-19 | Letter acknowledging receipt of a complete application for leave to appeal, File opened | |
| 2025-02-17 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-02-20) | 9263-7552 Québec Inc. |
| 2025-02-17 | Notice of name, (Printed version filed on 2025-02-20) | 9263-7552 Québec Inc. |
| 2025-02-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2025-02-18, (Printed version filed on 2025-02-20) | 9263-7552 Québec Inc. |
| 2025-02-17 | Application for leave to appeal, (Book Form), Completed on: 2025-02-17, (Printed version filed on 2025-02-20) | 9263-7552 Québec 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 |
|---|---|---|
| 9263-7552 Québec Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Procureur général du Québec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Ville de Berthierville | Intervener | Active |
Counsel
Party: 9263-7552 Québec Inc.
Counsel
Marie-Christine Simard
Nikolas Blanchette
Roger Paiement
1255 rue Peel
Bureau 1000
Montréal, Quebec
H3B 2T9
Telephone: (514) 875-3564
FAX: (514) 875-8237
Email: ldebrun@spiegelsohmer.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Procureur général du Québec
Counsel
Francis Durocher
1, rue Notre-Dame Est # 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (438) 978-4237
FAX: (514) 873-7074
Email: stephanie.garon@justice.gouv.qc.ca
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Ville de Berthierville
This party is not represented by counsel.
Summary
Keywords
Expropriation — Partial expropriation — Disguised expropriation — Heritage property — Whether classification by state under Cultural Heritage Act of private immovables as heritage property and site, acquired prior to that classification, constitutes partial expropriation or disguised expropriation — Whether test for determining whether state’s action amounts to partial or disguised expropriation is subjective objective or purely objective like the Court of Appeal decided it was — Cultural Heritage Act, CQLR, c. P 9.002.
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, 9263-7552 Québec inc., purchased a monastery and the adjacent lands, properties of the Sœurs moniales dominicaines. It intended to develop a residential project on them and to demolish the monastery. At the time of the real estate transactions, the monastery and its lands did not have any heritage protection.
Learning of the imminent demolition of the monastery, the Minister of Culture and Communications took steps to classify the monastery and its site as heritage property, as defined in the Cultural Heritage Act. The applicant challenged the steps that led to notices of classification and argued that it was disguised expropriation. In a cross demand, the respondent sought to be reimbursed for the costs incurred for the urgent work performed on the monastery.
The trial judge found that the Minister’s decision to classify the monastery and its site as heritage property was legal and that the notices of classification were valid and did not have the effect of expropriating the plaintiff in a disguised manner. The judge also allowed the application for reimbursement of the costs incurred by the defendant for urgent work to prevent the deterioration of the monastery. The Court of Appeal dismissed the appeal, the trial judge having not erred.
Lower court rulings
Originating application dismissed
Legality of notices of classification confirmed
Plaintiff’s disguised expropriation claim and application for related compensation dismissed
Defendant’s application for order confirming that costs of work performed must be reimbursed by plaintiff allowed
Plaintiff ordered to pay defendant costs incurred by defendant for work performed and costs for work to and heating of monastery
Appeal dismissed.
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