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ARTICLE · 06 MAY 2014

This Week At The SCC (02/05/2014)

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This week the Supreme Court of Canada released two decisions and granted leave to appeal in one case likely to be of interest to Canadian businesses.

CanadaLitigation, Mediation & Arbitration
Kirsten Thompson
Kirsten Thompson
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This week the Supreme Court of Canada released two decisions and granted leave to appeal in one case likely to be of interest to Canadian businesses.

The Supreme Court dismissed an appeal from the Quebec Court of Appeal in Immeubles Jacques Robitaille inc. v. Québec (City), 2014 SCC 34. The appellant developer had challenged an offence notice issued by the municipality for permitting or tolerating non-conforming parking use contrary to the municipality's zoning and planning by-law. The developer, in challenging the notice, relied in part on acquired rights based on the use of the parking lot. The question that was raised was whether the doctrine of estoppel could be pleaded by a defendant in penal proceedings dealing with an application of a provision of a municipal zoning by-law.

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