Summary#
Montréal city council adopted a resolution approving a draft deed for the City of Montréal and two companies to mutually waive a right to take back property after an exchange. The waiver concerns an exchange made by the former City of Pierrefonds and Shell Canada Limitée in 1976; city staff say its goal is to clarify the parties’ property titles.
- The waiver concerns parts of lots 1 073 029, 1 073 098, 1 073 099 and 6 418 304, in the area of boulevard Saint-Charles, rue Maher and rue Hillcrest.
- The parties are the City, 9406-6495 Québec inc. and 9455-7576 Québec inc. They would each give up the right of reprise under article 1797 of the Civil Code of Québec: a right to take back property given in an exchange if they are legally deprived of the property they received.
- The resolution approves the draft deed without financial payment. City staff say the deed is to be published in Montréal’s land registry after approval.
What it means for you#
- The City and the two companies: The approved deed would remove this right to take back exchanged property if a party is legally deprived of the property it received. The waiver is mutual.
- People using or living near the properties: City staff say the deed does not change the current use or occupation of the properties.
- The public: This is a property-title decision, not a new public service or a change to residents’ rights generally.
Money#
The parties exchange no payment for the mutual waiver; no cost estimate is provided.
- No estimate is given for the legal or administrative work or for publishing the deed.
What is unclear#
- The materials do not say whether the deed has been signed and published.
- The resolution concerns a right to take back property. It does not say that any separate claim for damages is waived.
- The supplied materials do not include the draft deed’s full terms or a detailed description of the affected parts of each lot.
Case for#
- City staff say the waiver would clarify the parties’ property titles, confirm the existing property situation and reduce the risk of future disputes.
- The waiver is reciprocal: the City and both companies give up the same type of right.
Case against#
- The City and the companies give up a legal remedy without payment. The materials do not explain how likely it is that the right would otherwise be used, or what the properties might be worth if it were.