Recent Cases Jan 18, 2021

Minor Derogations: Major Victory in the Agricultural Field

Our lawyers Isabelle Landry and Audrey-Anne Béland were successful before the Quebec Court of Appeal, in a case aimed at quashing the granting of a minor variance by the municipality of Saint-Elzéar.

The purpose of the granted derogation was to reduce the required separation distances between a hog barn that wished to increase the number of hogs in its facilities, and a neighbouring residence.

This decision, which will have a significant impact, reminds us of the importance of carefully evaluating each of the criteria set out in the Land Use Planning and Development Act when applying for a minor variance, particularly the existence of serious prejudice if the variance is not granted.

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