Court rules in city’s favour on Angell Woods file
Quebec Superior Court judge Johanne Mainville ruled Monday that Beaconsfield did not act in bad faith nor abuse its power when it adopted an interim bylaw that put the development of a private piece of land in Angell Woods on hold. The judge also ruled that the act of adopting the interim bylaw could not be qualified as disguised expropriation.
“What I think is a very profound statement by the judge in the ruling is that the protection of the environment is a public matter and a fundamental Canadian value and that it is legitimate for a city council to take that protection into serious consideration,” Mayor Georges Bourelle said.
The Association for the Protection of Angell Woods (APAW) was also named in the lawsuit, which was filed by Yale Properties, the owner of the 3.5 million square feet of land in question.
During the 10-day trial in March, Bourelle told the court that his administration had inherited the interim bylaw from the previous administration that had put it in place in 2010 to give council time to forge a special planning project (SPP) for the 105-hectare woods that would both respect the environment while allowing some development.
The SPP failed to materialize before the 2013 civic election. Bourelle told the court the new administration had to start from scratch, but ultimately did not put an SPP in place because it was waiting for the Montreal Agglomeration Council to adopt a new land-use and development plan, which would set guidelines for future SPPs.
In January 2015, the Montreal Agglomeration Council adopted a land-use and development plan that designated Angell Woods a nature park. One narrow strip of land owned by Yale Properties was flagged for possible development. At that point, Montreal took over the Angell Woods file.
Yale Properties is one of two remaining private owners of land in the woods. The second owner, Seda Holdings, owns 1.9 million square feet. It has launched legal proceedings against the City of Montreal.
Angell Woods has long been a popular spot for dog walking and taking nature walks. In the lawsuit, Yale Properties accused APAW of encouraging dog walkers and hikers to essentially trespass on private land.
The judge ruled that both Beaconsfield and APAW must take measures to inform citizens that accessing the private land is forbidden. The ruling orders both APAW and Beaconsfield to publish and post, in both English and French, the portions of the 45-page ruling that detail the boundaries of the private property and explain that it is forbidden for anyone to trespass except in the case of an emergency.
As well, the judge ruled that both sides would handle their own legal expenses. Bourelle said the case was expensive, but “we’re not talking millions of dollars.” He said he didn’t know the exact amount but that it was probably somewhere between $100,000 and $200,000.
“We are pleased that the ruling makes it clear that the city acted correctly and that an interim bylaw is allowed if you have a good reason, such as protecting the environment,” Bourelle said.
Legal council for APAW and for Yale Properties did not respond to a request for comment from the Montreal Gazette by deadline.