Judge Clement Samson concluded that the opponents had failed to demonstrate the necessity of their appeal.
He believes that the immediate and irreversible damage, deforestation and looting feared by members of Quebec is unlikely to occur in the short term.
Plaintiffs fail to show a balance of imminent serious and irreparable harm, convenience, and necessity
Judge Samson wrote in his 30-page decision.
Interesting facts
For opponents of the tram project, it was the first setback in court. However, the magistrate found that some of the laws raised by Quebec were in the public interest and could be presented to the court during the trial.
It is responsible for, inter alia, development and town planning and conduct of referendum on alleged matters. Unreasonable
Decree 655-2022 was approved by the Legault government, which authorizes Quebec City to proceed with the construction of the tramway.
Represented by lawyer Guy Bertrand, the Quebec members wanted to obtain a temporary injunction to stop work on the tramway for 10 days.
A renewable request
In the event of success, they tried to renew the ban until the court decided on the merits of the case, the legality, democratic or nominal, of the decrees and regulations that gave the green light to the construction of the tram. Project and its effects on population and environment.
For his part, the director of the project office, Daniel Genest, feared that the work would stop, which, according to him, would jeopardize the entire project.
Despite this setback, Mr. Bertrand was convinced of the merits of the cause he was advocating and his chances of ultimately winning.
[Le juge] rejects the so-called interim orders. So he is not rejecting our case. This is very important. He refuses [l’injonction] temporary Let me tell you that in 90% of cases, provisionals are rejected. Background is important
Counsel commented after the decision.
According to him, by upholding three of the five arguments put forward by his clients, the judge will pave the way for the conduct of the trial. Mr. Bertrand believes that this bodes well for the future.
Like in hockey
It seems strange to say that we are happy when we lose a provisional. But it’s like a makeshift hockey game where you lose the first period. But if you have a good team, good players and the referees are right, usually, you win the other two periods.
The lawyer argued.
The only response from the Quebec City side was from the press secretary of Mayor Bruno Marchand, who is currently on vacation.
We are pleased with today’s decision as it will allow the City to proceed with all works as planned. As the case is still in court, this response is only from the city and its agencies.
Thomas Gaudreault said in a written statement.
In collaboration with Pierre-Alexandre Bolduc and Martin Boucher
More Stories
How List Acquisition Helps Your Political Campaign Become Successful
Four escaped cows were caught
A simple administrative decision? | Press