A provisional injunction was obtained in less than 24 hours in order to restore uninterrupted traffic flow despite major work by the City of Montréal.
On May 1, 2024, the City informed Brault & Bouthillier (“Brault”) of major work that would require the complete closure of Beaumont Avenue in Montréal, between Jean-Talon and De l’Acadie Boulevards. Work was scheduled to begin on May 6, giving only 5 days’ notice. The work was to continue until an undetermined date in July 2024 and therefore would last for a period of more than two months.
On May 6, the parties met and came to an agreement regarding “mitigation measures” that would allow the work to proceed while ensuring uninterrupted access to the 53-foot delivery trucks required for Brault’s operations.
On May 15, the City did an about-face and completely blocked Beaumont Avenue, from East to West, completely blocking access to Brault’s distribution centre. A group of 50 teachers who had come to purchase large quantities of children’s school materials was unable to leave the premises.
None of the agreed upon mitigation measures had been applied—no trucks were able to access the warehouse and the City refused to cease the work. Police officers who were dispatched to the premises complained that they had not been informed of the complete road closure.
At the hearing, the Superior Court judge told the City that the complete closure of Beaumont Avenue was unreasonable and that Brault could not simply be expected “to go bankrupt.” The judge stated that this was clearly an urgent matter given that Brault could no longer operate its business and was deprived of the free enjoyment of its property under the Charter. Lastly, he noted that the contractor did not respect its undertakings and it was up to the City to ensure the contractor’s compliance. The judge also found that serious—or perhaps even irreparable—harm had clearly been caused, given the blocked access to the store.
The day after the Court granted the injunction, nearly twenty daily delivery truck trips to and from Brault & Bouthillier’s distribution centre were restored.
A Fasken team composed of Frédéric Legendre and Lucas Métral acted for Brault & Bouthillier Ltée in this dispute.
Jurisdiction
- Québec
