Disguised Expropriation in the Context of Environmental Protection

Our business lawyers Audrey-Anne Béland and Anaïs Descoteaux spoke to the Espace Québec magazine team about disguised expropriation based on the case of Dupras and the City of Mascouche. 

Environmental protection is at the heart of the issues at stake for cities and municipalities, leading them to adopt appropriate regulations. In this context, the issue of disguised expropriations has prompted the courts to examine the definition of this legal term on numerous occasions to clarify certain aspects.

Our lawyers then looked into Dupras v. Ville de Mascouche, in which the Quebec Court of Appeal concluded that there was a disguised expropriation of land zoned "conservation".

Was the City within its Rights?

"The Court of Appeal has recently ruled in Dupras that it would be a mistake to conclude that there can be no disguised expropriation when the City has the power to pass the restrictive by-law. Although a City may have the power to adopt a by-law, this does not mean it must not compensate the expropriated owner ", explain Audrey-Anne Béland and Anaïs Descoteaux.