Appeal refused, encampment remains
A Quebec Court of Appeal judge has rejected the City of Montreal’s bid to overturn a Superior Court order that halted efforts to dismantle a homeless encampment under the Van Horne overpass in the Mile End neighbourhood.
The injunction, granted in June after the Clinique juridique itinérante filed for relief on behalf of people living in the encampment, prevents city workers from evicting residents of about 10 tents near a basketball court and skate park. The court of appeal decision means the status quo remains until the case is heard on the merits by the Quebec Superior Court.
What the courts said
In his ruling, Justice Christian Immer criticised the city for spending months contesting a temporary injunction rather than moving promptly to trial. The judge said the city delayed a final resolution that could have been handled as early as June.
"Unhoused individuals can thus remain at the Van Horne encampment until the case is heard on the merits before the Superior Court,"
— Clinique juridique itinérante, via Facebook
Another judge involved in the earlier Superior Court decision, Alexandre Pless, argued that the city could not force residents to leave without providing an alternative solution. The city initially ordered the area cleared to "ensure the full and safe use" of nearby recreational facilities.
Local context and municipal response
The encampment, located beneath the Van Horne overpass in Mile End, sits adjacent to public amenities that the city said were being affected by the tents. The city sought to remove the encampment earlier this summer but was stopped by the interim court measures. Mayor Soraya Martinez Ferrada has previously signalled the administration is working under a new encampment management protocol, though the appeal refusal keeps immediate removals on hold.
- Location: Van Horne overpass, Mile End
- Number of tents: about 10
- Legal status: injunction halting dismantling; appeal to Court of Appeal refused
- Next step: hearing on the merits before Quebec Superior Court (no date set)
Implications for Montreal
The decision highlights the legal and practical tensions Montreal faces in managing encampments: balancing residents' rights with the city's duty to maintain public spaces. Municipal authorities have argued that evictions are sometimes necessary to protect public safety and ensure access to recreational facilities, while advocates for unhoused people maintain that removals without alternative housing or services are unlawful and harmful.
By refusing the city's request to appeal, the Court of Appeal effectively preserved the injunction while the underlying dispute proceeds through the Superior Court. That means the city cannot carry out dismantlement operations at Van Horne until the case is decided on its merits, leaving residents and nearby neighbourhood users in a legal limbo.
| Event | Date / status |
|---|---|
| Superior Court injunction halting dismantling | June (decision issued) |
| City sought appeal of injunction | Early September (city request) |
| Quebec Court of Appeal refusal to hear appeal | Decision published Sept. 10–11, 2026 |
The Clinique juridique itinérante, which initiated the injunction, said on social media that people living at Van Horne "can thus remain" until the Superior Court hearing. No hearing date has been announced.
For neighbourhood residents and users of the skate park and basketball court, the refusal to allow a prompt dismantling means municipal plans to restore unfettered access to those facilities are delayed pending further court processes. For advocates and legal clinics, the ruling is a temporary vindication of arguments that eviction without alternatives violates the rights of unhoused people.
The broader debate over how Montreal manages encampments has been ongoing across the city and will likely resurface as the case moves forward in Superior Court. Until that time, the encampment at Van Horne remains in place under the protection of the injunction.
