Environmental protection of Angell Woods confirmed: Superior Court confirms City acted in accordance with rules and laws

BEACONSFIELD, QUEBEC--(Marketwired - Aug. 10, 2017) - The City of Beaconsfield welcomes the decision rendered by the Superior Court confirming that the City acted properly and in accordance with the rules and laws in protecting Angell Woods and its rare forests and rich wetlands.

"For years, we have been working very hard to ensure the preservation of Angell Woods, and despite all the challenges, financial and legal issues involved, this decision confirms that our actions were always taken while demonstrating respect for all and for the rights of all affected parties as well as for the benefit of the community at large," responded Mayor Georges Bourelle to the decision of Judge Johanne Mainville rendered public on August 7.

Yale Properties Limited, one of two major land owners of Angell Woods, had filed a motion in Superior Court against the City and the Association for the Protection of Angell Woods (APAW) in order to invalidate the steps taken by the City for the protection of Angell Woods, by accusing the latter of collusion, bad faith and abuse of power. All allegations were dismissed by the Court following a 10-day trial held last March at the Montréal courthouse.

In addition to confirming that all actions and decisions taken by the City over the years had been initiated for the common good and in accordance with all rules, the Court states that "... the protection of the environment is a public matter, an important social issue and even a fundamental Canadian value and that it is legitimate for a City Council to take that protection into serious consideration."

The judge, however, issued a single injunction against APAW for enabling and encouraging its members to use Yale's private property as a public space. APAW must cease doing that and, moreover, must post on its website the pages 42 and 43 as well as Annex A of the judgment confirming that the rights of the private property must be respected.

The judge acknowledges that the City has tried to reduce the pressure to which Angell Woods is exposed due to usage, notably by creating a dog park, and that it must post on its website the pages 42 and 43 as well as Annex A of the judgment so as to remind citizens that the land owned by Yale Properties Limited in Angell Woods is private property and not a public space.

As requested by the Court, the City publishes the two identified pages of the judgment as well as Annex A of the decision.