The Supreme Court of Canada refused to hear the case of a golf course developer in the borough of Lachine on Thursday who brought an action against the City of Montreal alleging that he was the victim of a disguised expropriation .
The company Meadowbrook Groupe Pacific had acquired in 2006 for $ 3 million a site used as a public golf course in order to make a real estate development of approximately 1500 residential units. She then turned to the City to present her project.
The land is located at the junction of the city of Côte-Saint-Luc, the city of Montréal-Ouest and the Lachine borough of the city of Montréal, in addition to being bordered by two railways and marshalling yards , including that of the Canadian Pacific Railway (CP).
After evaluation, the City did not give the green light, explaining that it did not consider the development of this land as a priority, among other things because the infrastructure to carry out the project was too expensive.
“The major difficulty stems from the fact that the terrain is practically landlocked and that it is necessary to plan exits, especially for emergency vehicles,” reads a court document.
Another project was rejected because it was found not to comply with the regulations.
The promoter then decided to bring an action for damages of approximately $ 44 million against the City, alleging a disguised expropriation as well as loss of profits on the buildings and on the sale of the land.
And the Superior Court and the Court of Appeal did not side with the promoter’s arguments, which ultimately turned to the highest court in the country.
Thursday, the latter did not want to hear the case and as it is, did not justify his decision.