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
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
MPP Sarah Jama asked to leave Ontario legislature for wearing keffiyeh
MPP Sarah Jama was asked to leave the Legislative Assembly of Ontario by House Speaker Ted Arnott on Thursday for wearing a keffiyeh, a garment which has been banned at Queen’s Park.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Ex-tabloid publisher testifies he scooped up possibly damaging tales to shield his old friend Trump
As Donald Trump was running for president in 2016, his old friend at the National Enquirer was scooping up potentially damaging stories about the candidate and paying out tens of thousands of dollars to keep them from the public eye.
Here's why provinces aren't following Saskatchewan's lead on the carbon tax home heating fight
After Prime Minister Justin Trudeau said the federal government would still send Canada Carbon Rebate cheques to Saskatchewan residents, despite Saskatchewan Premier Scott Moe's decision to stop collecting the carbon tax on natural gas or home heating, questions were raised about whether other provinces would follow suit. CTV News reached out across the country and here's what we found out.
Montreal actress calls Weinstein ruling 'discouraging' but not surprising
A Montreal actress, who has previously detailed incidents she had with disgraced Hollywood producer Harvey Weinstein, says a New York Court of Appeals decision overturning his 2020 rape conviction is 'discouraging' but not surprising.
Caleb Williams, Jayden Daniels and Drake Maye make it four NFL drafts with quarterbacks going 1-3
Caleb Williams is heading to the Windy City, aiming to become the franchise quarterback Chicago has sought for decades.