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ARTICLE · 28 MARCH 2025

Real Estate Litigation 2025 – Trends And Developments

BCF Business Law
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In recent years, the Quebec government has been eroding citizens' right of ownership under the pretext of serving the public interest. This phenomenon can be seen in the adoption of new laws that unjustifiably infringe.

CanadaReal Estate and Construction
Simon Pelletier
Simon Pelletier
Isabelle Landry
Isabelle Landry
Ann-Julie Auclair
Ann-Julie Auclair
Emma Conte
Emma Conte
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The Erosion of the Right of Ownership in Environmental Matters in Quebec with the Adoption of New Acts

In recent years, the Quebec government has been eroding citizens' right of ownership under the pretext of serving the public interest. This phenomenon can be seen in the adoption of new laws that unjustifiably infringe on citizens' right of ownership by allowing expropriation while disregarding the essential conditions of expropriation – fair and prior compensation as provided for in Section 952 of the Civil Code of Québec ("the CCQ").

The right of ownership is a fundamental right protected by Section 6 of the Charter of Human Rights and Freedoms ("the Charter"), a Quebec law, which states that "[e]very person has a right to the peaceful enjoyment and free disposition of his property, except to the extent provided by law". As evidenced by the terms "except to the extent provided by law", such protection is not absolute. Therefore, if the infringement meets the

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