Arrondissement de Villeray–Saint-Michel–Parc-Extension
In 2006, the Borough authorizes the plaintiff to build an access ramp (road) and driveway in order to access his garage. A portion of this access road is on the City’s right-of-way: the citizen is therefore crossing this right-of-way when entering or exiting his garage. The citizen subsequently receives a yearly invoice for “permanent occupancy of public domain”.
In 2013, the Borough Council amended its Règlement sur les tarifs to specifically exclude this type of situation from being subjected to such occupancy fees. The citizen claims a refund for the intervening years. The Borough responds that it cannot do so, because these amounts had been invoiced under the regulation in force at that time.
This situation seems unfair to us. We discuss it with the Borough. The Borough seeks the opinion from Ville de Montréal’s legal department suggesting that the Borough Council adopts a resolution that would specifically authorize a refund to the citizen, which was done. A reimbursement retroactive to 2006 is subsequently remitted to the citizen: for a total of $2,850.85.
The OdM plans to intervene again to ensure that other citizens who would have been billed for such fees, in comparable circumstances, are also reimbursed.
