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The Provigo Decision<br />

Facts (continued):<br />

- In 2010, Métro-Richelieu constructed a supermarket on<br />

the leased land. Provigo asks the court to order its<br />

demolition.<br />

- The parties concede that the use prohibition does not<br />

constitute a real servitude that runs with the land.<br />

- Court had to decide whether 9173-1588 Québec Inc.<br />

had assumed Bombardier’s personal obligation to<br />

respect the prohibition.<br />

93

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