The Illusory Discretion in Managing Culverts and Waterway Congestion

In the fall edition of the Bâtivert magazine, our lawyer Audrey-Anne Béland writes about the impact of the Maheu v. Municipalité du Canton de Shefford case on the management of obstructions in waterways.

As there are only a few possible ways out of the duty to act provided for by the legislator, this decision confirms that the statute of limitations and the conclusion of delegation agreements are usually of no help when it comes to justifying inaction. According to Audrey-Anne, being proactive is key when dealing with an obstruction in a watercourse.