Wed. Jul 28th, 2021

Montreal’s argument for expropriation of lots is not valid, province says

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Labrèche’s and Goulakos’s lots aren’t labelled as streets or alleys on the most recent cadastral plan for the site filed at the Registre foncier in 1999.

Montreal civil servants invoked Section 192 of Schedule C of the City Charter to transfer ownership of Goulakos and Labrèche’s lots to the city without informing them and without compensating them. It was the Montreal Gazette that informed the two in June that the city had filed a deed at the Registre foncier taking their properties in 2017.

A spokesperson for Mayor Valérie Plante has said the administration is touched by the elderly men’s plight, but it won’t “redo the past” by returning their land or compensating them.

Section 192 says it applies to streets, lanes, thoroughfares and places that are declared public by the city, and to “lots or parts of lots shown on the official cadastral plan as streets or lanes.”

The city clerk’s office has confirmed the city never declared the lots in the field “public.”

However, the citysaid last week that it legitimately used the city charter section because it’s the original cadastral plan for a site — in this case, from a century ago — that qualifies as the “official cadastral plan” described in Section 192.

Not so, says the provincial ministry.

“The cadastral register represents the division (land division) of properties over time, and all of the plans filed with the ministry are official,” Ippersiel wrote in an email after her ministry was shown the 1912 and 1999 plans for the Pointe-aux-Trembles field. Land divisions change over time, she added, and “the most recent plan filed prevails.”

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