ONGOING CASES

The Legacy Fund is currently supporting three legal actions:

1. St-Laurent Technoparc (in conjunction with the citizens’ groups TechnoparcOiseaux and the Green Coalition):

An injunction has been filed to prevent the development of the wetlands of the Technoparc, and to force Montreal and the developers to vacate and renaturalize the portion which they have already destroyed without proper authorization. Technoparc is one of Quebec’s best birding spots and provides habitat for endangered species. The Legacy Fund has also commissioned environmental and ornithological reports by leading scientists. The case went to court in early February of this year and we await the judgement.


2. Pierrefonds West – Agricultural Rezoning (in conjunction with the citizens group Sauvons L’Anse-à-L’Orme):

The City of Montréal purported to rezone as residential a parcel of agricultural land located in the L’Anse-à-l’Orme Corridor in Pierrefonds West.  We asked the court to declare the zoning inoperative and that the zoning remain agricultural. The judge disagreed and ruled that the area was, indeed, zoned residential.  However, by the time it was finally settled, a new municipal party was elected. Two years later, they announced the creation of the largest urban park in Canada, including the contested portion.


3. Réseau Express Métropolitain (in conjunction with the citizens’ groups TechnoparcOiseaux, the Green Coalition and Trainsparence):  In an original case taken by Coalition Climat Montreal and individual applicants, the plaintiffs asked the court to order the promoters of the Réseau Express Métropolitain (REM) to resubmit their project to environmental hearings under the Bureau d’audiences publiques sur l’environnement (BAPE). The law requires a recommendation from the BAPE before this project can proceed and the BAPE, after the initial hearings, refused to do so because the promoters refused to provide the necessary information. The plaintiffs’ case was dismissed at first instance (in Superior Court) and their appeal was also unsuccessful. Between the hearings before the Superior and the Appeals Court, the promoter of the REM began cutting hundreds of trees next to Technoparc, in preparation for construction of a train station adjacent to the wetlands.  The Legacy Fund immediately supported an application to the Court of Appeal for a safeguard order, arguing that such destruction should not be permitted until that court heard the original injunction.  The Court of Appeal refused the request and the destruction proceeded.

ADDRESS

Legacy Fund for the Environment

2075 boul. Robert-Bourassa, Suite 600

Montréal, QC H3A 2L1

CANADA

CONTACT

Campbell Stuart

(514) 927-7802

cstuart@colby-monet.com

© The Legacy Fund for the Environment