Jacques Tremblay

The appellant municipality sought to terminate what it alleged was an unlawful substitution of one legal non-conforming use for another after a bar formerly featuring country and western entertainment began presenting nude dancers.

The majority held that acquired rights in zoning matters protect the actual pre-existing use, but with some flexibility for reasonable evolution, subject to limits based on change in kind, remoteness from prior activities, and adverse neighbourhood effects.

On the evidence, the respondents’ pre-existing use was properly characterized as a nightclub offering food, drink, ambiance and lawful entertainment, and the change in entertainment format did not create a wholly different use.

The appeal was dismissed and the acquired right to operate the nightclub continued.

The appellant, a non-profit corporation providing laundry and group purchasing services to public establishments, sought tax exemptions under the Act respecting Municipal Taxation.

The Bureau de révision de l'évaluation foncière du Québec dismissed the complaint, but the Court of Québec set it aside.

The Court of Appeal restored the Bureau's decision.

The Supreme Court of Canada allowed the appeal, applying the reasoning from a companion case to hold that the appellant should not be treated differently from its member establishments for tax purposes and is entitled to the exemptions.

The appellant appealed a decision of the Quebec Court of Appeal regarding the partial expropriation of immovable property.

The Supreme Court of Canada allowed the appeal from the bench, setting aside the Court of Appeal's judgment and restoring the decision of the Court of Quebec, Expropriation Division, essentially for the reasons given by that court.