E: edward@ecconway.com | T: 613.709.0795 | Contact

Contempt: Contempt by a Municipality (the latest case)




Cloutier v. Ville de Saite Annede Beaupre [2019] J.Q. No. 10545:

In 2014 the town of St. Anne de Beaurpre, close to Quebec City, was ordered (after a 17 day trial!) to take measures to ensure that flood waters did not pass close to the property of the complainants. Rather than carry out the order, the town did what people do, who don’t take orders seriously. The town pretended to look for a ‘less costly middle solution’. The town hired a firm to ‘study’ the problem (para 4).

Study done, expert having provided a solution, the town ignored the expert and Gerry-rigged a non-construction solution to redirect the waters still close to the complainant property rather than the alternative-road solution recommended by the expert. (para 4(13)).

Then the town thought that ‘mediation’ with the complainants was the answer, as though the complainants had not been through 8 years of successful litigation to get their unambiguous order. (para 6).

All told, the Court found the town to be in contempt (para 40) of the original order (it seemed somewhat relevant that the town had a report that they did not carry into effect).

Copyrighted all rights reserved 2019 Edward Conway | Ottawa Web Design