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
Lawsuit against Meta asks if Facebook users have right to control their feeds using external tools
Do social media users have the right to control what they see — or don't see — on their feeds?
BREAKING 15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
Princess Anne lays wreath at Battle of Atlantic ceremony; honours late Queen
Princess Anne saluted Canadian veterans and current forces members today during a ceremony at British Columbia's legislature cenotaph commemorating the Second World War's Battle of the Atlantic.
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
As storms moves across Texas, 1 child dies after being swept away in floodwaters
A child in Texas died Sunday after being swept away in floodwaters as storms swept across the state.
Nylander defends Leafs' core after playoff exit, Toronto again picks up the pieces
The Maple Leafs battled back from a 3-1 series deficit against the Boston Bruins with consecutive 2-1 victories - including one that required extra time - in their first-round playoff series to push the club's Original Six rival to the limit before suffering a devastating Game 7 overtime loss.
Amid climate change warnings, Canadians lukewarm on electric vehicles
Amid scientists' warnings that nations need to transition away from fossil fuels to limit climate change, Canadians are still lukewarm on electric vehicles, according to a study conducted by Nanos Research for CTV News.
Three dead, two hospitalized, following collision in Fredericton: police
Three people have died and two have been hospitalized after a speeding car struck a tree and landed on another vehicle in Fredericton Sunday morning.