Municipal law

Alepin Gauthier Avocats et Notairesassists you with your municipal law needs. We provide you with a team of qualified and experienced professionals who work in the various aspects of public and municipal law, whether it be land use planning, municipal code of conduct, civil liability law, municipal code of ethics or others.  

Whether you are an individual, a public body or a municipality, we are here to support and advise you on all your legal needs related to municipal governance and the regulations in force. 

Civil Liability 

Civil liability in municipal matters concerns damage caused to third parties by the actions or omissions of the municipality or its employees. Our municipal lawyers can help you understand your rights and obligations in terms of civil liability and represent you in potential litigation to protect your interests. 

It is important to note that this litigation concerns only municipalities and the Civil Protection Act. If your case is more related to real estate, please consult our Real Estate Law and Construction Law section.

Minor Variance To A Urban Planning By-Law 

In some cases, it is possible to obtain a minor variance to an urban planning by-law in order to carry out a project that does not strictly comply with established standards. Our urban planning lawyers can advise you on the process of applying for a minor variance and guide you through every step to maximise your chances of success. 

It is worth pointing out that these disputes only concern municipalities and the Act respecting land use planning and development. If your case is more related to real estate, please consult our Real Estate Law and Construction Law section.

Amendments To Zoning By-Laws 

Zoning by-laws define the uses permitted on a given piece of land. If you would like to change the uses permitted on your property or in your neighbourhood. We can guide you through the process of amending the zoning by-law and represent you before the appropriate authorities. 

It is important to specify that these disputes concern municipalities only. If your case is more related to real estate or civil and commercial law, please consult our Real Estate Law and Construction Law section or our Civil and Commercial Litigation section.

Acquired Rights In Zoning Matters 

Acquired right is a legal principle that allows a use that does not comply with a zoning by-law to be maintained when certain conditions are met. Our acquired rights lawyers assess the validity of your acquired rights and represent you in litigation to protect them. 

It is essential to remember that these disputes concern municipalities only. If your case is more related to Notarial Law, please consult this page.

Disguised Expropriation 

Disguised expropriation occurs when a municipality unduly restricts the use of a property without formally expropriating it. If you believe you are the victim of disguised expropriation, our lawyers who focus their practice on expropriation will assess your situation and represent you in the appropriate legal proceedings to assert your rights. 

Spot Zoning 

Spot zoning refers to the creation of a special zone for a single lot, often in order topermit a use that differs from that of neighbouring properties. Our municipal lawyers can advise you on the legal implications of parcel zoning and represent you in potential disputes. 

It is important to note that these disputes concern municipalities only. If your case is more related to notarial law, please consult our Notarial Law section.

Appeal For Judicial Review Before The Superior Court Of Québec 

When a decision by a municipal authority adversely affects you, you have the option of seeking judicial review before the Superior Court of Québec. We will prepare and present your appeal for judicial review, taking care to protect your rights and interests. (Article 529 et seq., Code of Civil Procedure) 

It is to be noted that these disputes concern municipalities and municipal by-laws only. If your case is more related to civil and commercial law, please consult our Civil and Commercial Litigation section

Application To The Quebec Superior Court To Obtain The Cessation Of A Land Use Or Construction That Is Incompatible With A Planning By-Law 

If you notice that a land use or construction in your neighbourhood does not comply with the planning by-laws in force, you can file a motion with the Superior Court of Québec to request that the land use or construction be stopped. We will prepare your application, gather the necessary evidence, and represent you before the court to obtain a favourable decision. (Section 227 et seq., An Act respecting land use planning and development) 

It is important to note that these disputes concern municipalities only. If your case is more related to real estate, please consult our Real Estate Law and Construction Law section.

Municipal Taxation 

Municipal taxation is a complex area that encompasses property taxation, royalties, and municipal fees. We help you understand your tax obligations as a property owner or business and represent you in potential disputes to protect your tax rights. 

It is essential to understand that these disputes relate only to municipalities and municipal tax law. If your case is more related to taxation, please consult our Tax Litigation section

Municipal Liability 

Municipal liability concerns the actions or omissions of the municipality or its employees that may cause damage to third parties. We assess the legal aspects of municipal liability and represent you in potential litigation to defend your rights and interests. 

Subdivision

The subdivision process involves dividing a property into several separate lots. We guide you through the rules and regulations associated with subdivision, including zoning requirements, requiredpermits, and associated legal obligations. 

It is important to specify that these disputes concern municipalities only. If your case is more related to notarial law, please consult our Notarial Law section

Real Estate Litigation (Permits) 

If you are faced with a dispute concerning a building or development permit issued by a municipality, we represent you in legal proceedings to protect your rights and interests. We assess the validity of municipal decisions and work to resolve disputes efficiently and fairly. 

It is important to remember that these disputes concern municipalities only. If your case is more related to real estate, please consult our Real Estate Law and Construction Law section.

Environmental Law 

Environmental law is a key area for municipal law, aimed at protecting natural resources and preventing pollution. Our municipal lawyers can advise you on environmental regulations, required permits, legal obligations and potential litigation related to environmental protection under the Cities and Towns Act. 

Let's Discuss Your Needs 

At Alepin Gauthier Avocats et Notaires, we understand the importance of protecting your rights and assets in all legal matters. We put our knowledge at your service to advise you, represent you and defend your interests in complex legal proceedings. Our experienced team has in-depth expertise in municipal law and solid experience in litigation. Count on our commitment to legal excellence and the protection of your rights.

Contact us today for an initial consultation to discuss your municipal or other legal needs. We're here to help you navigate the complex legal landscape and find the best solutions for you.