Gatineau loses his battle against the CCN

Irreconcuiliable on the value of the land located in the Park de la Gatineau. Consequently, the City and the Crown Society have been opposed since 2007, in a legal fight similar to those led by the municipalities of Chelsea and Ottawa, finally dismissed by the Federal Court of Appeal. Furthermore,

The city of Gatineau claims $ 1.1 million as payment replacement (PERI) for the period from 2007 to 2020, while the CCN offers $ 166,000. Meanwhile,

In a deliberation made public last Friday. Meanwhile, judge Yvan Roy explains that the amounts proposed by the CCN fall under a “transparent and intelligible” decision, offseting the “frontal attack” of the city. Moreover,

A committee without enforceable force – Gatineau loses his battle against

Over a document of around sixty pages. Therefore, Me Roy slices once and gatineau loses his battle against for all the advisory committee responsible for issuing recommendations to the federal government has no enforceable force. In addition,

In 2019. Furthermore, the advisory committee on the settlement of disputes associated with payments to replace public services and supply Canada had agreed to Gatineau.

The CCN had then made a first payment offer in June 2021. but the city had rejected it, arguing that it did not meet the recommendations of this committee.

Since then. successive municipal administrations have argued that the CCN should have stood for the committee’s conclusions, “considering the time and money invested to do this,” wrote Me Roy.

“This is the fundamental argument of the plaintiff and it does not last long,” adds the judge. “The CCN was in no way required to follow the opinion.”

Me Roy also underlines gatineau loses his battle against that the CCN gave the city “the opportunity to be heard” after the committee’s work. Additionally, “The invitations have not been noted,” said the judge, saying that “procedural equity has been respected”.

Conservation space

In his judgment. Me Roy also gives reason to the CCN as to the interpretation of the value of the land, that is to be “a natural space dedicated to conservation and recess, and not as being able to lead to residential business development”.

Thus. the effective rate chosen should not be that of a “vacant lot served”, as the committee suggested, but the “residual rate”, which is lower.

“It is in vain that we are looking for a lack of internal logic in reasoning. [de la CCN]”Concludes Me Roy.

Appel?

Contacted by The rightthe city of Gatineau indicates gatineau loses his battle against that it has “learned the decision”. Furthermore, “It will take the time to analyze its content” before deciding whether it intends to “appeal or not this judgment”.

The municipality, which had appealed in the federal court, was dismissed. The Supreme Court to which she then turned out refused the authorization request.

For its part, the CCN “welcomes” the judgment of the Federal Court. “This decision determines that the CCN’s approach in this file is reasonable. and that the land of the Gatineau Park must be assessed according to their vocation of conservation and recreation.”