Fasken successfully represented the City of L’Ancienne-Lorette in the widely reported case of Ville de L’Ancienne-Lorette v. Ville de Québec et Ville de Saint-Augustin-de-Desmaures.
Seven years after the legal battle began, Justice Bernard
Godbout of the Superior Court delivered his verdict. His decision ordered the City of Québec to repay the City of L’Ancienne Lorette and the City of Saint-Augustin-de-Desmaures more than $38 million in principal, mainly representing money that it had overpaid for payment of agglomeration quota shares to the City of Québec between 2008 and 2015.
Justice Godbout also quashed the agglomeration by-law concerning the imposition of quota shares on related municipalities, which violated the spirit of the agreement signed by the three cities and the then Minister of Municipal Affairs, Nathalie Normandeau, in 2009.
Numerous legal principles were in issue, along with the Act respecting the exercise of certain municipal powers in certain urban agglomerations and the entire legislative and regulatory framework application to municipal mergers and “demergers”.
The team representing the City of L’Ancienne-Lorette was composed of Christian Trépanier and Dave Robitaille.