The Superior Court on Thursday rejected the injunction request filed by Chez Alexandre to force the City of Montreal to allow installation of the terrace against the facade of the building. This setback puts an end to legal remedies the famous restaurant downtown, since the owner Alain Creton does not intend to appeal the judgment.
Pierre Labelle judge of the Superior Court concluded that Chez Alexandre had not demonstrated the appearance of law and the existence of irreparable harm. In addition, the restaurant had been informed that a new regulation had been introduced by the City of Montreal. “I lost that battle. I conducted honestly, “responded Alain Creton,” relieved “after all by the end of this saga who was a” weight on the head. ” Nevertheless, it intends to make “representations to various bodies” in the hope of finding his Parisian terrace.
For the first time since opening in 1979, the restaurant Alexandre was denied in March its permit application to construct a terrace in front of his business. The Borough of Ville-Marie wants to force him to construct a terrace against or on the other side of the sidewalk.
In May, a team of blue-collar workers was even sent to dismantle the terrace that the restaurateur had done, calling him in passing two notices of violation for illegal occupation of public land. The restaurateur and pleaded urgency to intervene. “The summer season in Montreal is of limited duration and turnover in this period to a number of restaurants serves to keep his business in operation during the quieter winter months,” it said in his request for an injunction.
In its request rejected, Alain Creton argues that its terrace is “a distinctive sign and an inseparable part of its brand and its goodwill.” The restorer says he is struggling to recover from the decline in sales in the wake of the work performed in 2015 in Peel Street, works that were immortalized. The refusal to issue a permit “definitely will irreversibly brand, identity and goodwill of Alexander restaurant” blow that will result in job losses, he apprehends.
To support his claim, the restaurant invoked the “grandfathering”, its permit application refused in March being completely identical to that formula that every summer for 37 years. He added that the terrace is safer than the one he wishes to impose Montreal, no incident having occurred in 37 years. Another argument, Alain Creton said that the regulation does not impose against terraces and only a “normative code” the prescribed either an internal directive does not have the force of law.