DENIS VACHON (ESTATE OF), FRANÇOIS GENDRON, KURT LUCAS, MONIQUE LACROIX, JOSEPH VALLÉE, YOLANDE BOULET, COOP DE VIE COMMUNAUTAIRE LA CHAINE, JOSÉE MORIN, SYLVAIN CÔTÉ, LES INVESTISSEMENTS RAYPI INC v ATTORNEY GENERAL OF CANADA
DENIS VACHON (ESTATE OF)
FRANÇOIS GENDRON
KURT LUCAS
MONIQUE LACROIX
JOSEPH VALLÉE
YOLANDE BOULET
COOP DE VIE COMMUNAUTAIRE LA CHAINE
JOSÉE MORIN
SYLVAIN CÔTÉ
LES INVESTISSEMENTS RAYPI INC
  • Background: Following the 2013 Lac-Mégantic train disaster, there were calls to reroute the railway from downtown. The project involved expropriation of land.

  • Applicants: Property owners whose lands were subject to expropriation notices issued by the Minister of Public Works and Government Services.

  • Legal Action: Applicants filed for judicial review to cancel the Expropriation Notices and requested an interlocutory injunction to stay these notices and deny access to the Crown.

  • Key Issues Addressed:

    • Public Interest and Expropriation Authority: Analysis of whether the project served public interest or private interests, impacting the basis for authority to expropriate.
    • Premature Nature of Expropriation Notices: Whether issuing these notices before Canadian Transportation Agency (CTA) approval was premature.
    • Environmental and Social Issues: Concerns about environmental impacts and social acceptability of the project.
  • Court's Findings:

    • The project was in the public interest, focusing on safety improvements and economic necessity for Lac-Mégantic.
    • The expropriation process could proceed in parallel with the CTA’s approval process.
    • Environmental and social impacts were scrutinized and addressed through various administrative processes.
  • Interlocutory Injunction Criteria: The applicants failed to meet the criteria for an interlocutory injunction: serious issue to be tried, irreparable harm, and balance of convenience.

  • Conclusion: The motion for an interlocutory injunction was dismissed, and costs were awarded to the respondent. The court amended the style of cause to designate the Attorney General of Canada as the respondent.

Federal Court
T-1450-23
Real estate
$ 2,700
Respondent
12 July 2023