A little over a year ago, we discussed the Supreme Court of Canada's judgment in Progressive Homes Ltd.
v. Lombard General Insurance Co. of Canada.¹ We now wish to examine two recent decisions that have
discussed this case and confirmed its applicability in Quebec civil law.
Lombard du Canada c. Mont-Tremblant (City)²
Facts and Judgment in the first instance
Exploitation agricole et forestière des Laurentides inc. ("Exploitation") owned a number of lots located
on both sides of Route 117 in St-Jovite, a municipality that now forms part of the City of Mont-Tremblant
(the "City"). In January 1995, the City notified Exploitation of its intention to rezone the lots for
commercial and industrial. Despite Exploitation's opposition, the by-law effecting it was adopted on April
26, 1999. Exploitation responded by filing a motion against the City in October 1999 in an attempt to
nullify the by-law.
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