The Quebec Court of Appeal on September 9, 2026 denied the City of Montreal’s request to lift a ban that would have allowed authorities to dismantle a homeless encampment located beneath the Van Horne viaduct in the Mile End neighbourhood. The ruling leaves the encampment in place and halts the city’s immediate plan to clear the site.
The encampment, composed of itinerant residents, has been situated under the elevated roadway for an extended period. Montreal officials had pursued legal permission to remove the makeshift settlement, arguing that a court order was necessary to proceed with dismantling efforts. The city’s application sought to overturn an existing prohibition on such actions.
In its decision, the appellate court rejected the municipal request, maintaining the status quo that prevents the removal of the encampment. The judgment did not provide additional directives regarding the future of the site, but it confirms that the city must continue to respect the current ban.
The outcome underscores the legal constraints faced by municipal authorities when addressing informal housing arrangements in public spaces. While the city’s intent was to clear the area beneath the viaduct, the court’s refusal means that any further attempts to disband the encampment will require new legal avenues or alternative approaches consistent with existing prohibitions.
Stakeholders, including the residents of the encampment and local community members, will remain affected by the court’s ruling as the situation persists. The decision also signals that future municipal initiatives aimed at clearing similar encampments will likely encounter judicial scrutiny before proceeding.
No further details about subsequent actions by the city or potential appeals were disclosed at the time of the ruling.