The City of Montreal announced on September 2, 2026 that it will seek to overturn a Quebec Superior Court decision that prohibited the removal of a homeless encampment situated beneath the Van Horne viaduct in the Mile End neighbourhood. The municipal government said it intends to file an appeal with the Quebec Court of Appeal, aiming to reverse the order that currently bars any dismantling of the settlement.
The Superior Court ruling, issued earlier this month, specifically stopped the city from clearing the camp that has been set up under the elevated structure. By issuing the injunction, the court effectively placed a legal barrier on municipal efforts to address the encampment through removal or relocation. The city’s appeal will challenge the basis of that injunction and request that the higher court permit the dismantling process to proceed.
The appeal will be heard by the Quebec Court of Appeal, which will review the lower court’s judgment for legal errors or misinterpretations of applicable statutes. If the appellate court grants the city's request, the municipal authorities could resume actions to clear the area beneath the viaduct. The outcome will determine whether the city can move forward with its plans for the site, which have been stalled by the Superior Court’s decision.
The case highlights the ongoing tension between municipal efforts to manage public spaces and the legal protections afforded to homeless individuals in Quebec. The city’s next steps will hinge on the appellate court’s assessment of the Superior Court’s order and its implications for the handling of homeless encampments in Montreal.
The situation remains under close observation as both legal bodies prepare for the upcoming proceedings, which could set precedent for similar disputes across the province.