Montreal Gazette

Expropriat­ion report is secret: province

Argues assessor’s document should stay confidenti­al

- LINDA GYULAI GAZETTE CIVIC AFFAIRS REPORTER lgyulai@montrealga­zette.com

The province says an internal report by a real estate assessor that was leaked to the media suggesting it would cost 10 times what the province is offering to pay to expropriat­e land for the Train de l’est project is covered by profession­al secrecy rules and should remain confidenti­al. Lawyers for Infrastruc­ture Québec, a provincial agency that advises the government on public infrastruc­ture projects, argued for confidenti­ality in response to a motion filed on Friday by a lawyer for Allan Korzinston­e, whose property on Jean Meunier St. in Montreal North borough was expropriat­ed by the province.

The Agence métropolit­aine de transport plans to build a station there just north of an existing train track for the future commuter line linking downtown Montreal and Mascouche.

Korzinston­e is seeking to have the Tribunal Administra­tif du Québec, which is hearing the expropriat­ion case to determine how much the government must pay him, order Infrastruc­ture Québec to release the December 2011 report since parts were leaked to La Presse newspaper.

The report was produced by an assessor who belongs to a profession­al order, so the report is covered by profession- al secrecy, Raymond Doray, a lawyer representi­ng Infrastruc­ture Québec, said. Profession­al secrecy is agreed to by the expert and client, and can’t be renounced by accident or error, he added.

The province filed an expropriat­ion notice on the property Korzinston­e owned for 45 years in 2009. It also expropriat­ed Pièces d’autos de Montréal-nord, which leased the site from him for 30 years.

However, La Presse revealed in March that a report by an assessor hired by Infrastruc­ture Québec cited studies for the AMT in 2007 that pegged the cost to expropriat­e Korzinston­e and the business at $11 million. The report also noted it would cost just $1.19 million to expropriat­e land south of the tracks instead.

The government’s current offers to Korzinston­e and the business come to $2.6 million, Korzinston­e’s lawyer, JeanPierre Bélisle, said. Korzinston­e is seeking $5.3 million. The business is seeking about $7 million.

Bélisle’s motion argued the report lost its confidenti­al nature once its content was published.

Pièces d’autos de Montréal-Nord’s lawyer, Nikolas Blanchette, also argued the report citing studies in 2007 is relevant since the company says it suffered lost profit and other damages during the expropriat­ion process. The AMT has been reluctant to acknowledg­e the process began before the 2009 expropriat­ion notice, he added.

The two judges hearing the case are expected to rule on the admissibil­ity of the report in the coming weeks.

 ?? PIERRE OBENDRAUF
THE GAZETTE ?? Allan Korzinston­e waits outside the room where his expropriat­ion hearing is being held.
PIERRE OBENDRAUF THE GAZETTE Allan Korzinston­e waits outside the room where his expropriat­ion hearing is being held.

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