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
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
House admonishes ArriveCan contractor in rare parliamentary show of power
MPs enacted an extraordinary, rarely used parliamentary power on Wednesday, summonsing an ArriveCan contractor to appear before the House of Commons where he was admonished publicly and forced to provide answers to the questions MPs said he'd previously evaded.
Leafs star Auston Matthews finishes season with 69 goals
Auston Matthews won't be joining the NHL's 70-goal club this season.
Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'
Donald Trump's legal team says it tried serving Stormy Daniels a subpoena as she arrived for an event at a bar in Brooklyn last month, but the porn actor, who is expected to be a witness at the former president's criminal trial, refused to take it and walked away.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
Doug Ford calls on Ontario Speaker to reverse Queen's Park keffiyeh ban
Ontario Premier Doug Ford is calling on Speaker Ted Arnott to reverse a ban on keffiyehs at Queen's Park, describing the move as “needlessly” divisive.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.