With this argument, the Court of Appeal ruled against the City of Bromont (Estrie) by forcing it to authorize a citizen to install two aluminum footbridges on stilts on the lake which borders her property.
Manon Gélinas wanted to be able to swim without having to walk in the sediments and aquatic plants that litter the first meters of Lake Bromont.
The facilities had been refused to him even though they were “in all respects compliant with the applicable standards” under the municipality’s zoning regulations, indicates the decision of June 6.
According to Bromont, “to qualify as footbridges, these structures can only be used to completely cross a natural obstacle, for example a stream or a wetland, and not to advance above the obstacle without crossing it” , write judges Jocelyn F. Rancourt, Stéphane Sansfaçon and Christine Baudoin.
The municipality also feared creating a “double regime” which would remove any effect from the provisions regulating the length of the quays.
Definition
But the Court of Appeal agreed with Ms. Gélinas by refusing a restrictive definition of the word “gateway”.
According to the highest court in Quebec, the trial judge “could not consider that the structure desired by the appellant did not qualify as a footbridge because she intends to swim once she reaches its end, after having taken it in order to overcome a natural obstacle.
Such an installation is not only used to completely cross a coastline; Moreover, municipal regulations prohibit the construction of a footbridge to extend a quay.
“There would be no need to provide for such restrictions in the regulation if, as a general rule, footbridges were prohibited on the coast other than to cross it entirely.”
Finally, the Court of Appeal recalls that the Ministry of the Environment specifically recommends using footbridges “in order to cross an aquatic grass bed, natural obstacles which it would be desirable not to disturb by the comings and goings of swimmers and others users of the lake.
It was not possible to contact Ms. Gélinas this week. On the Bromont side, it was indicated on Friday that a reaction would not be possible before next week.
Manon Gélinas was represented by Me Normand D’Amour and the City of Bromont, by Me Caroline P. Fontaine.
