The Superior Court of Québec dismisses an application for judicial review of the legislative and regulatory framework governing the financing of the REM

The Superior Court of Québec dismissed an application for judicial review and declaratory judgment.

This application was filed by the plaintiff Quartier One West Inc., a real estate developer, against the ARTM, the Attorney General of Québec and the City of Pointe-Claire.

The Court declared that the legislative and regulatory framework that gave rise to the transportation dues (the “Dues”) charged to Quartier One West Inc. for permits to build two condo towers and 14 townhouses within 1 km of a REM station is constitutional. The judge also found that the by-law establishing the Dues was valid and reasonable.

This win confirms the validity of the Dues, a strategically important tool in the financing of REM, as their purpose is to provide financing of up to $600 million. At the time of the proceedings, the Dues had generated $161,895,315, highlighting the major economic significance of this challenge.

A Fasken team comprised of Éric Simard, François Barette, Maria Braker and Hugo Séguin represented the Autorité régionale de transport métropolitain in this trial.