Co-owners in Arrondissement Le Plateau-Mont-Royal submit that their project should not be subject to the new “park fees” prescribed in a new By-law that was adopted after the filing of their permit application.  Their request had been filed after the issuance of a Notice of motion announcing the new By-law which had the effect of suspending all permit issuances for a period of two months.  However, the new By-law was not adopted within the two months following the Notice of motion.  After analysis of the law and review of the caselaw, we expressed the opinion that, after the two-month period, the “freeze” had ceased to be in effect and the permit should have been issued.  Following our Recommendation, the Borough issued the permit, without imposing the new “park fees”.

With a view to ensure fairness to all its citizens, the Borough informed us that it would take the same approach and not charge the new “park fees” in other similar files which we had not investigated. Such an initiative merits recognition!

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