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Quebec Court of Appeal blocks Montreal from dismantling Van Horne encampment

A judge upheld a temporary ban preventing the city from clearing roughly 10 tents beneath the overpass in Plateau-Mont-Royal, extending legal limbo around the site.

· 2 min read · HOC Montréal Desk
Quebec Court of Appeal blocks Montreal from dismantling Van Horne encampment
File photo: Brett Sayles / Pexels
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The Quebec Court of Appeal has rejected the City of Montreal's request to overturn a court order preventing it from dismantling the encampment beneath the Van Horne overpass in Plateau-Mont-Royal. Judge Christian Immer rendered the decision on Wednesday, upholding the temporary ban that has kept roughly 10 tents in place since June.

The city first attempted to clear the site in May, citing complaints that the encampment was preventing residents from accessing a nearby skate park and basketball court. The Itinerant Legal Clinic (CJI), which works with people experiencing homelessness, filed an injunction to block the removal. A Quebec Superior Court judge granted the clinic's request in June, issuing a safeguard order to maintain the status quo while a broader case proceeds.

Montreal appealed the Superior Court decision at an August hearing, arguing it needed to defend its new encampment protocol announced in February. The city's position centred on its right to manage the site under updated guidelines. The Court of Appeal's decision means the encampment will remain in place at least until the Superior Court rules on the full case — a timeline the city has not specified.

The encampment had drawn approximately 20 complaints to the city's 311 service over the eight months before the May eviction attempt. The site sits near a public recreation area, making it a focal point in Montreal's ongoing tension between housing advocates and residents seeking to reclaim public spaces.

What we asked

When will the Superior Court rule on the broader case?

What does Montreal's new encampment protocol actually require?

We'll update this story as answers emerge.

The facts

What did the Quebec Court of Appeal decide about the Van Horne encampment?

On Wednesday, September 9, 2026, Judge Christian Immer rejected Montreal's request to overturn the court order blocking the city from dismantling the encampment beneath the Van Horne overpass in Plateau-Mont-Royal, upholding the temporary ban that has kept roughly 10 tents in place since June.

Why did Montreal initially want to clear the encampment?

The City of Montreal cited complaints that the encampment was preventing residents from accessing a nearby skate park and basketball court.

Who blocked Montreal's first attempt to dismantle the site?

The Itinerant Legal Clinic (CJI), which works with people experiencing homelessness, filed an injunction to block the removal, and a Quebec Superior Court judge granted the clinic's request in June, issuing a safeguard order.