A Major Legal Victory Led by Sodavex for the Bellemare Group

In a crucial case for the Bellemare Group, lawyers Christine Duchaine and Laurence Simard brilliantly defended the interests of Sable des Forges and SDF Abrasif, two of its subsidiaries, and obtained a favorable decision against the Ministry of the Environment.

The Quebec Administrative Tribunal agreed to suspend part of the order issued by the Ministry last October, pending a full review of the case.

“This decision is welcomed with relief by the company, its employees, and collaborators,” said Bellemare Group.

Christine Duchaine expressed her relief following the decision, emphasizing the importance of judicial intervention: “I have had the opportunity to witness firsthand the damage caused by public servants who make decisions with serious consequences without accountability. I am relieved when the courts intervene.”

In its October order, the Ministry of the Environment demanded the immediate cessation of activities by Sable des Forges and SDF Abrasif, arguing that they were unauthorized.

However, the tribunal determined it was reasonable to suspend the Group’s activities, allowing the companies to continue their operations while awaiting a final decision on the case.

The suspension decision is based on a key fact: in 2018, the Ministry determined that an ongoing activity on land since 1969, of which the MELCCFP had been aware since at least 1998, did not have acquired rights. Sable des Forges and SDF Abrasif submitted a permit application in 2019, which the Ministry is still reviewing today.

Judge Stéphan F. Dulude, in his decision, noted that it would be reasonable to wait a few more months before the case is fully resolved in a hearing.

“If the respondent considers, by their actions, that a delay of over 6 years is reasonable before acting despite environmental concerns, we can understand that they may wait a few more months for the case to be decided by the Tribunal in a later hearing without suffering any disadvantage.”

The judge also criticized the Ministry’s approach, stating that simply positioning itself as an environmental advocate was not enough to justify such a drastic order, such as shutting down a business, without demonstrating concrete and timely actions to support these convictions.

The role of lawyers like Christine Duchaine and Laurence Simard is crucial to ensuring that the rights of businesses are protected in situations where administrative decisions can have devastating consequences.