An appeal later this week sends a municipal law issue to the Supreme Court of Canada. The court could rule on whether a legal non-conforming use existed, based on prior acquired rights.
The Quebec-originating Immeubles Jacques Robitaille v. City of Quebec appeal will be heard Feb. 20.
Immeubles Jacques Robitaille challenged the City of Quebec after the real estate company was issued an offence notice for having parking facilities that broke the city’s bylaws. In its challenge, Immeubles claimed rights it had acquired from the city, pleading the doctrine of estoppel. The SCC will review whether estoppel can be pleaded in these circumstances.
Read the Quebec Court of Appeal’s decision
Learn more about issue estoppel