Dunton Rainville’s expertise recently helped a client achieve an important victory before the Supreme Court of Canada. The firm wishes to acknowledge the exceptional work of Me Alex Lévesque, Me Alain Longval, Me Guillaume Bourbeau and Me Jean-François Brunette, who represent Les Investissements Laroda in its dispute with the City of Sainte-Julie.
A long-standing dispute
The dispute between Laroda and the municipality on Montreal’s South Shore originated in the development of a residential neighbourhood. At the time, Laroda (then M.G. Larochelle), acting as a developer, transferred land in accordance with municipal parkland dedication requirements. It was later established, however, that the area transferred exceeded the regulatory threshold of 10%. Rather than compensating the developer for the excess, the City required the transfer of additional land in 2001, assuring that a substantial area would be applied as a credit toward the developer’s future real estate projects.
After numerous unsuccessful efforts and the absence of any zoning changes that would have allowed the development of other land, the situation led to a judicial dispute. As early as 2015, Laroda sought compensation for the value of the credit, before instituting proceedings in 2018, led by Dunton Rainville and Me Alain Longval. While the Superior Court initially ruled in favour of the City, that decision was overturned by the Court of Appeal, which recognized Laroda’s right to compensation, albeit with limitations.
Seized of the matter, the Supreme Court of Canada ultimately ruled in Laroda’s favour on December 19. In its decision, the Court overturned the Court of Appeal’s ruling on the restitution of prestations, fully upholding Laroda’s position that the applicable regime is instead one of performance by equivalent. Moreover, the Court set the end date of the obligation as 2015 and confirmed that the value applied to the credit must correspond to its fair market value.
A complex case
This case, complex both factually and legally, clearly illustrates the rigour, perseverance, and depth of analysis of the lawyers involved.
We also wish to highlight Me Alex Lévesque’s remarkable performance as counsel before the Supreme Court, as well as the exceptional quality of the factum drafted by Me Guillaume Bourbeau and Me Lévesque.
This was an outstanding team effort that once again confirms Dunton Rainville’s excellence and expertise. It bears recalling that the Supreme Court also ruled in favour of Dunton Rainville in another matter earlier in 2025.
The Supreme Court of Canada’s decision in Sainte-Julie (City) v. Investissements Laroda inc. is available here.T