114957 Canada Ltée et al v. Ville d’Hudson

26937 (2001 CSC 40)
October 23, 1998
Final judgment
Canada, Quebec

Landscape management companies
114957 Canada Ltée (Spraytech, Société d’arrosage), Services des espaces verts Ltée/Chemlawn
Public collectivities, Other
Ecojustice

Civil court
Civil action for injunctive and declaratory relief
Herbicide, Insecticide, Fungicide
Plaintiffs brought a motion for declaratory judgment asking the Court to declare By-law 270 on pesticides to be inoperative and ultra vires the Town’s authority.
Court of Appeals of Quebec, Canada
Appellate (Appeal) Court

June 28, 2001
Positive
Appeal dismissed with costs.
Statutory instrument

The plaintiffs ask the Court to declare the Town of Hudson's by-law 270 concerning pesticides inoperative and to declare the Town's power ultra vires. They consider that the prohibition contravenes the Quebec Pesticides Act and the federal government's Pest Control Products Act. The municipality has decided to implement By-law 270, which aims to minimize the use of pesticides that would be harmful in order to protect the health of its residents.