Lorraine (Ville) v. 2646‐8926 Québec inc.
This action in nullity was also prescribed in accordance with the 10 year general law prescriptive period provided for in art. 2922 of the Civil Code of Québec, which, as the Act respecting the implementation of the reform of the Civil Code provides, began to run on January 1, 1994. This means that that period ended on January 1, 2004, well before the action in nullity was filed in November 2007.
A plaintiff who no longer meets the conditions for applying for judicial review still has the right, however, in appropriate cases and if the claim is supported by the evidence, to seek payment of an indemnity for disguised expropriation. This case can continue in the Superior Court on the claims that remain unresolved, including the claim for an indemnity for disguised expropriation.
Full Case Ruling: Lorraine (Ville) v. 2646‐8926 Québec inc.