A-2.001 - Act respecting the acceleration of certain infrastructure projects

Section 75 Disposition versions

2020-12-11

75. On an application by the expropriated party, served within 90 days of their receiving the information notice provided for in section 74, the Superior Court grants the reimbursement of the legal costs related to the contestation regarding which no final decision was rendered before 11 December 2020.

The legal costs include, in addition to the expenses provided for in the first and second paragraphs of article 339 of the Code of Civil Procedure (chapter C-25.01), any other expenses related to expert fees, an amount to compensate for the payment of the professional fees of the expropriated party’s lawyer and an amount to compensate for the time the expropriated party spent on the case and the work involved.

Despite the second paragraph, the legal costs exclude all expenses for which the expropriated party is otherwise reimbursed or indemnified. However, if the amount of the reimbursement or indemnity the expropriated party has obtained is less than the amount they would have obtained under this section, they may claim the difference. If, after the expropriating party has paid the legal costs, the expropriated party obtains a reimbursement or an indemnity for any of their expenses, they are bound to refund the overpayment to the expropriating party.

Articles 343 and 344 of the Code of Civil Procedure apply to that application.

2020, c. 27, s. 75.