Montreal Gazette, Mar. 24, 2017
In its $46-million lawsuit against the city of Montreal, real-estate developer Groupe Pacific charged Thursday that the city used high infrastructure costs as an excuse to block construction of its 1,600-unit project and save the Meadowbrook golf course as green space.The city engaged in “disguised expropriation” to preserve the Lachine portion of the golf course, lawyer Martin Bernard said. Groupe Pacific is requesting damages to cover the profits it would have earned had the project been approved.
Taking the stand in Quebec Superior Court near the end of the two-week trial, Bernard began his closing arguments in the two-week trial in Quebec Superior Court by outlining his client’s interactions with city and Lachine borough officials in 2007-2010.
Meadowbrook Groupe Pacific, a subsidiary of Groupe Pacific, purchased the land in 2006 for $3 million.
In 2010, as protests by concerned citizens and environmental group Les Amis du Parc Meadowbrook escalated, executive committee member Alan DeSousa announced the city would not support the project because the cost of installing infrastructure, like additional access roads, sewage and water systems, were excessive.
In 2013, the company discovered that the city’s estimates for putting in services like water, sewage pipes and a railway overpass to ensure access for emergency services ranged from $60 million to $150 million.
“The city of Montreal behaved in a manner that exhibited bad faith and acted contrary to the principles of balanced procedures,” Bernard argued. “It failed to work with care and diligence, to follow its own regulations, or to work transparently.”
The city’s demand that access lanes be created to the south of the project, necessitating an overpass over train lines costing as much as $125 million, were exorbitant, Groupe Pacific argued. As well, the city has since indicated its support for converting the space into a public green space, Bernard said.
In its defence, the city’s lawyers argued that Groupe Pacific purchased a piece of land bordered on three sides by train lines, with only one narrow access route cutting through the de-merged municipality of Côte-St-Luc. Installing 1,600 residences would involve extensive sewage and water-main installations, and because the city cannot force a neighbouring municipality to install additional roads, the only option was to install a costly overpass on land to the south belonging to the city. Les Amis du Parc Meadowbrook has argued that all residences within the development would be within 300 metres of the Canadian Pacific switching station located alongside, in contravention of federal guidelines.
It would take the city 50 years to recoup its infrastructure investments, far longer than the maximum 10 years its financial services department considers acceptable, city lawyer Eric Couture said.
“The city of Montreal refuses for now to invest the necessary sums in this project that is not profitable for public finances,” the city wrote in its defence statement. “Meadowbrook Groupe Pacific can continue to manage the golf course which is permitted under the current zoning. … Meadowbrook Groupe Pacific is thus not the victim of a disguised expropriation.”
It added that if Groupe Pacific deemed the city was negotiating in bad faith, it could have contested that point in Superior Court, as opposed to requesting damages.
Groupe Pacific’s demand of $46 million is “clearly exaggerated,” the city said in its defence statement. City lawyers will conclude their closing arguments Friday.
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