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Jonathan M. Fecteau

Partner

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Jonathan M. Fecteau is a partner in our public property law group. He focuses his practice on expropriation, property assessment (municipal taxation) and municipal law (zoning, subdivision, construction, nuisance, urban planning and regulations). In regards to expropriation and property assessment, he only represents individuals and businesses wishing to obtain just compensation for damages related to an expropriation or a fair assessment for the property owned or occupied.

He is also involved in major files arising from the Act Respecting Land Use Planning and Development or concerning the interpretation and application of zoning, subdivision and construction municipal by-laws. As such, he accompanies numerous real estate promoters, developers and builders in all the stages necessary to complete their real estate projects, including the acquisition of the property, the negotiation of protocol agreements, the procurement of authorizations issued by the Ministry of Environment, the Commission de protection du territoire agricole du Québec as well as local and regional municipalities.

He oversees the execution of mandates aiming to contest the legality of regulations and ultra vires actions taken by municipal authorities and to seek damages and appropriate remedies regarding disguised expropriation and legitimate expectations (estoppel).

Mr. Fecteau has been involved in various transactions on behalf of a vast array of clients, including retailers, shopping centre developers as well as owners and operators of hotel complexes.

As part of his practice, Mr. Fecteau appears regularly before the courts and administrative tribunals of Canada, such as the Commission municipale du Québec, the Tribunal administratif du Québec (TAQ), the Superior Court, the Federal Court, the Court of Québec, and the Court of Appeal of Québec.

Representative Mandates

  • Representation of a shopping centre developer in negotiations involving the implementation of a development agreement and a city’s discretionary land use powers
  • Representation of a major retailer in the analysis of several urban planning by-laws prior to the construction of new stores or modification to existing stores
  • Representation of a shopping centre developer in the negotiation of the purchase and development agreement with a major city located on the North Shore of Montréal
  • Representation of a major food retailer in the contestation of a city’s discretionary power to expropriate a vacant land in favour of a promoter
  • Representation of the purchaser of a large shopping centre and analysis of the effects of a complete overhaul of the zoning by-law brought by the city several years after the shopping centre had been built
  • Representation of an important developer and owner of a large vacant land affected by expropriation proceedings instituted by the City of Longueuil
  • Representation of the owners and operators of two hotel complexes affected by expropriations for the restructuring of access to the Montréal-Pierre Elliot Trudeau International Airport
  • Representation of numerous owners expropriated by the Québec Ministry of Transport as part of the Turcot Interchange Project
  • Representation of several owners expropriated by the cities of Longueuil, Terrebonne, Montréal, Laval, and Gatineau, among others.
  • Representation of the largest show venue (bar) in the Montreal area in a dispute with the City of Montréal
  • Representation of owners in disguised expropriation cases against the cities of Montréal, Saint-Bruno-de-Montarville, Rosemère, Gatineau, Longueuil, and Beaconsfield
  • Representation of a tenant of an industrial building affected by expropriation proceedings instituted by the Société de transport de Montréal
  • Representation of the owners seeking tax exemptions in application of the Act respecting municipal taxation, including private schools and religious institutions

Education

2008 - LL.B., Université de Sherbrooke

Acknowledgments

Chambers Canada Guide – Real Estate: Zoning/Land Use ("Up and Coming" in Québec in 2020)

Professional Affiliations

  • Québec Bar
  • Canadian Bar Association
  • Young Bar Association of Montréal
  • Urban Development Institute of Québec
  • International Council of Shopping Centers (ISCS)

Conferences

2013-2014 - Guest speaker at the Annual Canadian Property Tax Association Conference. In 2014, the application, in Quebec, of separate tax assessment clauses contained in shopping center leases were discussed