The case involves Groupe Maison Candiac Inc. (GMC), a residential development company, challenging the Canadian government's decision.
The issue arose after a government decree in 2016 under the Species at Risk Act to protect the Western Chorus Frog's habitat, impacting GMC's residential project, Vallée de Provence.
Issues and Court’s Decision:
GMC sought compensation under Section 64(1) of the Species at Risk Act for losses incurred due to the decree, estimated at over $20 million.
The Minister of Environment and Climate Change rejected GMC's compensation claim.
GMC filed for judicial review, arguing the Minister's decision was unreasonable.
Analysis:
The court examined the government's decision, focusing on whether GMC's losses due to the decree qualified as "extraordinary consequences" under the Species at Risk Act.
The case also delved into the appropriate application of the Act's provisions and the Minister's discretion in awarding compensation.
Conclusion:
The court's decision addresses the balance between environmental protection and private property rights, highlighting the complexities involved in such cases.
