On September 9, 2026, the Quebec Court of Appeal rejected the City of Montreal’s application to lift a standing injunction that has barred the removal of a homeless encampment located beneath the Van Horne viaduct in the Mile End neighbourhood. The city had asked the higher court to overturn the injunction so that it could proceed with demolition of the settlement, citing concerns over public safety and the condition of the site.
The injunction, originally issued by a lower court, remains in force, preventing any demolition or forced relocation of the encampment. By refusing the city’s request, the Court of Appeal upheld the legal barrier that keeps the encampment in place. The decision means that municipal authorities must continue to respect the injunction while any further action concerning the encampment will require additional legal steps.
Montreal officials had previously sought a court order that would allow them to clear the area, arguing that the presence of the encampment under the viaduct posed challenges for city maintenance and public access. However, the appellate court’s ruling underscores the legal protections currently afforded to the encampment’s residents, as the injunction remains a binding directive.
The outcome leaves the city without a clear path to remove the makeshift homes at this time. Municipal leaders will need to explore alternative measures that comply with the injunction, which may include negotiating with occupants or pursuing other legal avenues. The situation continues to be monitored by both city officials and community groups interested in the future of the Mile End area.
No further details about the next steps in the legal process were disclosed in the court’s decision. The case remains open, with the injunction expected to stay in effect until a new order is obtained or the injunction is otherwise modified by a competent court.