Landreville v. Town of Boucherville

Landreville v. Town of Boucherville

The trial judge correctly found the Town acted in bad faith and abused its expropriation power to extinguish quarry operations and obtain the land for $1; bad faith vitiates the by-law and related resolutions, an expropriation may be contested incidentally under art.777 C.C.P., and the Court of Appeal's reversal was set aside and the Superior Court judgment restoring nullity was reinstated.

Citation
[1978] 2 SCR 801
Parties
Appellant (expropriated Party): Lucien Landreville; Respondent (expropriating Party): Town of Boucherville
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 February 1978
Procedural Posture
Expropriation; Municipal Law Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Quebec; Final Judgment (appeal Allowed)
Outcome
Appeal allowed; decision of Court of Appeal set aside; judgment of Superior Court restored
Legal Topics
Bad Faith, Abuse of Power, Right to Expropriate, Contest of Municipal by Law, Indemnity Valuation, Nullity, Burden of Proof, Article 777 C.c.p.
Source Language
English
Expropriation Municipal Law Administrative Law Civil Procedure Bad Faith Abuse of Power Right to Expropriate Contest of Municipal by Law +4 more

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Parties

Lucien Landreville

Appellant (expropriated Party)

Town of Boucherville

Respondent (expropriating Party)

Procedural Posture

Expropriation; Municipal Law Appeal / Appeal to Supreme Court of Canada From Court of Appeal for Quebec; Final Judgment (appeal Allowed)

Legal Issues

  1. 1 Whether the municipality acted in bad faith/abuse of power in ordering expropriation
  2. 2 Whether an expropriation by-law can be contested incidentally in proceedings under art. 777 C.C.P.
  3. 3 Who bears the burden of proof to establish fraud or abuse equivalent to fraud

Ratio Decidendi

The trial judge correctly found the Town acted in bad faith and abused its expropriation power to extinguish quarry operations and obtain the land for $1; bad faith vitiates the by-law and related resolutions, an expropriation may be contested incidentally under art.777 C.C.P., and the Court of Appeal's reversal was set aside and the Superior Court judgment restoring nullity was reinstated.

Court Disposition

Appeal allowed; decision of Court of Appeal set aside; judgment of Superior Court restored

Orders

  • Set aside the judgment of the Court of Appeal of Quebec
  • Restore the Superior Court judgment quashing the notice of expropriation and By-law No. 533