The City of Montreal will not be able to dismantle a homeless encampment near the Van Horne overpass in the Plateau-Mont-Royal borough, after the Quebec Court of Appeal rejected the city’s request to lift a temporary ban on removing the camp.
In a decision rendered Wednesday, the Court of Appeal upheld the order preventing the city from dismantling the encampment.
The decision means about 10 people who have been living at the encampment, located near a skate park and basketball court, will be able to remain there at least until the Superior Court rules on the case.
Legal challenge
The Plateau-Mont-Royal borough attempted to evict people living at the encampment in May, arguing that it was preventing residents from using the space.
At the end of May, the Itinerant Legal Clinic (CJI) filed applications for an injunction to suspend the dismantling of the camp. The encampment had been the subject of about 20 reports to 311 over the previous eight months.
In June, a Quebec Superior Court judge temporarily blocked the city from dismantling the encampment, granting a safeguard order sought by the legal clinic, which works with people experiencing homelessness.
Screenshot of document showing Court of Appeal On September 10, 2026, Judge Christian Immer of the Quebec Court of Appeal rendered judgment on dismantling of the Van Horne encampment in Montreal. (Courtesy: Facebook/Mobile Legal Clinic)
The city subsequently appealed the decision and argued at an August hearing that it needed to defend its new protocol on encampments, which was announced in February.
The judge also noted that the CJI had declared itself ready to act as early as June 19, while the city had requested a postponement that could have extended until September.
What happens next
The Court of Appeal’s decision means the encampment will remain in place while the legal proceedings continue.
The Superior Court is expected to rule on the broader case, which could determine whether the city can eventually proceed with dismantling the encampment.
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