Association des Propriétaires des Jardins Taché Inc. et al. v. Entreprises Dasken Inc. et al.

Association des Propriétaires des Jardins Taché Inc. et al. v. Entreprises Dasken Inc. et al.

Majority: Association lacked capacity to sue; Brossard as an owner/ratepayer had sufficient interest to seek injunction and demolition; on interpretation of by-laws and contemporaneous 1963 zoning plan the subject land fell within RA-2 (single-family) and not CA-22, so permits issued for high-density apartment...

Source-derived case information.

Citation
[1974] SCR 2
Parties
Plaintiff/appellant: Association des Propriétaires des Jardins Taché Incorporée; Plaintiff/appellant: Dame Renée Joyal Brossard; Defendant/respondent: Les Entreprises Dasken Inc.; Defendant/respondent: Aylmer Road Holdings Inc.; Mis En Cause/respondent: La Cité de Hull (and others)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 December 1971
Procedural Posture
Appeal to Supreme Court of Canada / On Appeal From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed in part. Court of Appeal judgment set aside. Superior Court judgment restored in favour of Brossard only; Association's action dismissed.
Legal Topics
Zoning by Laws, Standing/interest to Sue, Injunction, Demolition Order, Interpretation of Statutes and Plans, Municipal Permits
Source Language
english
Municipal Law Administrative Law Civil Procedure Property Law Zoning by Laws Standing/interest to Sue Injunction Demolition Order +2 more

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Parties

Association des Propriétaires des Jardins Taché Incorporée

Plaintiff/appellant

Dame Renée Joyal Brossard

Plaintiff/appellant

Les Entreprises Dasken Inc.

Defendant/respondent

Aylmer Road Holdings Inc.

Defendant/respondent

La Cité de Hull (and others)

Mis En Cause/respondent

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether a nonprofit association incorporated under the Companies Act has standing to sue to enforce zoning bylaws
  2. 2 Whether a ratepayer/owner (Brossard) has standing to seek injunction and demolition absent pecuniary loss
  3. 3 Proper interpretation of zoning descriptions and non-official zoning plans (meaning of 'de'/'from')

Ratio Decidendi

Majority: Association lacked capacity to sue; Brossard as an owner/ratepayer had sufficient interest to seek injunction and demolition; on interpretation of by-laws and contemporaneous 1963 zoning plan the subject land fell within RA-2 (single-family) and not CA-22, so permits issued for high-density apartment construction were void; injunction and demolition order appropriate, with demolition to occur within six months.

Court Disposition

Appeal allowed in part. Court of Appeal judgment set aside. Superior Court judgment restored in favour of Brossard only; Association's action dismissed.

Orders

  • Allow appeal of Dame Renée Joyal Brossard with costs against Les Entreprises Dasken Inc., Aylmer Road Holdings Inc. and the City of Hull
  • Set aside the judgment of the Court of Appeal dated March 24, 1971