Appeals court sides with Pincourt Sports Complex owners
PHOTO BY JOHN JANTAK
Work to finish renovating the Pincourt sports complex and indoor hockey arena could resume soon after the Quebec Court of Appeal ruled in favour of Groupe Thibault Rhéaume et Associés.
The Quebec Court of Appeal has ruled in favour of Groupe Thibault Rhéaume et Associés Inc. regarding the group’s plans to complete renovations to the Pincourt Sports Complex and ice hockey arena complex in Pincourt.
The unanimous decision from the Court of Appeal was announced on Monday, August 31, was delivered by the Honourable Justice Jean-François Émond who dismissed the appeal that was made by Paul Roy and 8280959 Canada Inc.
Assistant Town Manager Etienne Bergevin said the town was pleased with the court’s decision, saying, “We hope that the ruling finally brings this saga to an end.” But Bergevin conceded that while it is highly unlikely to happen, it is possible that Paul Roy and 8280959 Canada Inc. could appeal the decision to the Supreme Court of Canada.
In a press release issued by the town, Mayor Yvan Cardinal stated, “The rejection of the appeal confirms the legality of the procedures followed by the Town of Pincourt. We are glad to know that this situation, after so many years, has a positive outcome. The big winners are the young and old who practice ice sports, as well as the population of Pincourt, Île Perrot and surrounding areas, who will benefit from this additional infrastructure.
The appeal was launched last July by Vancouver Canucks hockey player Alexandre Burrows and local businessman Paul Roy from the Burrows Group in response to a Quebec Superior Court decision that was rendered by Justice Danielle Mayrand on June 10, 2014, in favour of Groupe Thibault, the owners of the sports complex.
Burrows and Roy, who had plans to build their own indoor sports complex and arena in neighbouring Notre Dame le l’Île Perrot, argued that the sale of the abandoned building and land by the Town of Pincourt to Groupe Thibault for $1 – substantially less than the assessed market value – violated the province’s Cities and Towns Act.
The group also claimed that ice time rental agreements with the town and Commission scolaire des Trois-Lacs (CSTL) were inflated and unfair because they constituted what could have been considered as subsidies in favour of Groupe Thibault. In her ruling, Justice Mayrand found no irregularities in any of the agreements with the town, SESS and CSTL when she handed down the original Superior Court ruling.
The town’s press release also stated that, “Pincourt has always believed in this project with Groupe Thibault Rhéaume et Associés Inc. At all stages, the Town was committed to comply with the requirements of the Ministère des Affaires municipals et de l’Occupation du territoire to ensure the project could be realized.
“Therefore, the Court of Appeal’s judgement will enable Groupe Thibault and Pincourt to move forward. The town is confident that the citizens of the island and the students from Chêne-Bleu High School will soon have access to quality infrastructure to practice their favourite sport. The advent of an arena in Pincourt will be an important asset for the area.”