The City of Montreal announced on Wednesday that it will seek a review from the Quebec Court of Appeal after a Superior Court of Quebec ruling stopped the municipality from dismantling a homeless encampment under the Van Horne viaduct in the Mile End neighbourhood. The municipal government said the decision, issued on September 2, 2026, bars any action to clear the tent city that has been set up beneath the viaduct, prompting officials to move the matter to a higher court for reconsideration.

The Superior Court decision, delivered at 13:42 Eastern time, directly intervenes in the city's efforts to address the encampment. By preventing the removal of the structures, the ruling effectively maintains the status quo at the site, leaving the municipality without the ability to enforce its usual public‑space management policies in that area.

City representatives indicated that the appeal will be filed with the Quebec Court of Appeal, the province’s highest appellate body for civil matters. They described the appeal as a necessary step to resolve the legal impasse and to determine the appropriate balance between public safety, municipal authority, and the rights of individuals experiencing homelessness.

The Van Horne viaduct, a prominent elevated roadway in the Mile End district, has long been a focal point for both urban activity and social challenges. The encampment beneath it has drawn attention from community groups and city officials alike, though no further details about the size or composition of the camp were disclosed in the court filing.

Legal experts note that the case may set a precedent for how Quebec courts handle municipal attempts to regulate or remove informal settlements. The outcome of the appeal could influence future policy decisions across the province, particularly in areas where housing insecurity intersects with public infrastructure.

The city’s move to appeal underscores its intent to pursue a resolution through the judicial system, while the Superior Court’s order remains in effect until a higher court renders a decision.