Stanstead Township to appeal a court ruling favouring a local property owner
In a judgment rendered on March 13, Superior Court Judge Sylvain Provencher ruled in favour of real estate development company 9270-5912 QUÉBEC INC (Domaine Memphrémagog sur le lac) in a case against Stanstead Township.
The developer took action against the municipality for having refused to authorise the construction of a pathway built on stilts along Lake Memphremagog in Fitch Bay.
The path, measuring 1870 linear feet, was built before any authorisation had been granted.
The municipality is appealing the decision.
The property, a 122-acre lot, was purchased by the real estate company in December of 2012.
Because access to a portion of the lakefront property flooded at certain times of year and was extremely humid and difficult to walk on, it was determined by the owner that a path on stilts needed to be built to access the lake.
The owner then approached the Stanstead Township Municipal inspector to apply for the proper permits for construction of the path, but was told that the project required the approval of the Ministry of Sustainable Development, Environment and the Fight against Climate Change (MDDELCC).
In February of 2013, the property owner filed the application, but in the months following began construction without having received the proper authorisation.
While in hot water with the MDDELCC, it was discovered in August that based on the type of construction project, the jurisdiction fell under the municipality and not the Ministry of Environment.
The property owner,9270-5912 QUÉBEC INC (Domaine Memphrémagog sur le lac), then turned to the town for the proper permits, but was refused.
According to the details explained in the judgment, the property owner asserted that the path that was built conformed to the municipality’s regulations. Even if it did not, the owner claimed to have an acquired right to build the path, since previously a walking path was already in the same place.
The legal challenge mounted was to oblige Stanstead Township to provide the developer with permits authorising the path that was built, as well as $500,000 in damages and $50,000 in punitive damages.
While the civil aspects were not addressed in the recent ruling, the judge declared the path to be inconformity with Stanstead Township’s existing bylaws, and gave the municipality 30 days to provide the property owner with the appropriate certificates of authorisation for the path. The judge included an amendment preventing the municipality from forcing the property owner to remove the path.
Stanstead Township Mayor could not discuss the specific details surrounding the case, but confirmed that the municipality intends to appeal the decision.
Despite the recent ruling in the legal challenge against Stanstead Township, Domaine Memphrémagog-sur-le-lac real estate company still has to answer to the Ministry of Environment. For contravening section 22 of the Environment Quality Act, the company received fines in February totaling over $65,000 for having carried out work in a swamp, a marsh, a bog, and on the shoreline of Lake Memphremagog without first obtaining a certificate of authorization from the Ministry of the Environment.