Plaintiff
Defendant
Background: The plaintiffs, involved in real estate development in La Prairie, Quebec, planned a project called Symbiocité, expected to complete in six phases over six years. The first four phases were successful.
Issue: On June 17, 2016, the government issued an emergency decree to protect the Western Chorus Frog's habitat, halting the final two phases of Symbiocité. The plaintiffs sought compensation for losses exceeding $22 million, citing the Species at Risk Act's provision for "just and reasonable" compensation due to "extraordinary consequences" of such decrees.
Minister's Decision: The Environment Minister rejected the compensation claim, stating the losses were not due to "extraordinary consequences" of the decree.
Judicial Review: The plaintiffs contested the Minister's decision, arguing it was unreasonable and failed to consider the evidence and arguments they presented, thus not aligning with the Act's spirit.
Court's Conclusion: The judicial review was accepted. The court found the Minister's decision lacked transparency and failed to properly weigh relevant factors or consider the plaintiffs' main arguments and the significant consequences for them and future similar cases.
Relevance: The case highlights the balance between environmental protection and property rights, and the government's responsibility in compensating for losses incurred due to environmental conservation measures.
Financial terms not specified.
Court
Federal CourtCase Number
T-1573-22Practice Area
Environmental lawAmount
Winner
PlaintiffTrial Start Date
29 July 2022Download documents