Gatineau, Que. mansion built too close to road must be demolished, judge rules
A multimillion-dollar home in Aylmer must be demolished because it was built too close to the street, a Quebec judge has ruled.
The decision by Quebec Superior Court Judge Michel Déziel comes after an eight-year saga that began when the city of Gatineau granted the homeowner permission to build the house even though it ran afoul of zoning bylaws.
The nearly $3-million home at 79 chemin Fraser was built seven metres from the street, instead of the minimum 15.67 metres. Nearby residents opposed to the home’s construction say it doesn’t fit with the rest of the neighbourhood.
But the city granted homeowner Patrick Molla all the required building permits in 2013. He believed the plans complied with municipal rules since the city approved them.
The city later found the plans were approved due to ‘human error,’ since the planning official who granted them didn’t know the relevant bylaw.
To fix that mistake, in July 2014 city council granted a minor exemption to allow the home to be closer to the street.
Judge Déziel’s 51-page decision on Tuesday overturned that exemption.
“The city, by allowing this exemption, sets aside a clear regulatory standard,” Déziel wrote in his decision, adding that the city opposed the demolition of the home but did not propose any other solutions.
Déziel also ruled the city of Gatineau must cover legal costs.
Lawyer Sébastien Gélineau, who represents four of the neighbours opposed to the home, said they are pleased with the result.
“My clients are courageous people, and we are very happy for them,” he said. “We were convinced from the beginning that the construction was not regulation.”
It’s unclear whether the city will appeal the decision. It must wait at least 30 days before filing an appeal.
Homeowner suing city
Molla has filed a separate $3.6-million lawsuit against the city of Gatineau.
That lawsuit, filed in 2019, alleges that the city’s planning department acted dishonestly in letting construction continue while knowing the consequences of such a decision.
The city contends the initial mistakes were made by the professionals Molla hired, because they failed to apply the zoning bylaw, and if damages are awarded, the architect and land surveyor should also be held liable.
- With files from Jackie Perez, CTV News Ottawa
CTVNews.ca Top Stories
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Montreal man facing charges following contraband drone drop at Millhaven: OPP
The Ontario Provincial Police (OPP) says a 40-year-old man from Montreal is facing charges following a suspected drone drop of unauthorized items at the Millhaven Institution.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Potentially toxic chemicals hide in our drinking water and countless household objects, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
Cyclist issued fine for striking four-year-old girl crossing the street
A cyclist turned herself in and received a fine after striking a four-year-old girl who was crossing the street to catch a school bus.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Nigeria's fashion and dancing styles in the spotlight as Harry, Meghan visit its largest city
Nigeria's fashion and traditional dances were at full display on Sunday as Prince Harry and Meghan arrived in its largest city, Lagos, as part of their three-day visit to the country to promote mental health for soldiers and empower young people.
BREAKING Suspect sought after man found injured in downtown Toronto dies in hospital
Police are searching for a suspect in a homicide investigation after responding to a call for an assault in downtown Toronto Sunday morning where a man was found in life-threatening condition. He has since succumbed to his injuries in hospital.
Police investigating after tow trucks shot at in Scarborough two hours apart
Toronto police are investigating after tow trucks were shot at in Scarborough about two hours apart Saturday night.