Court of Appeal orders La Tulipe to significantly lower volume

La Tulipe will have to stop emitting noise through “sound devices,” according to the Quebec Court of Appeal, which overturned a first instance decision rendered in May 2023. The famous performance hall is thus plunged into instability regarding its survival, since it can no longer use loudspeakers if they produce noise audible to its neighbors.

In its ruling, the court ordered the operators of the famous theatre to “cease broadcasting from the sound equipment at the La Tulipe establishment […] of an audible noise” in the neighboring building, and to “ensure that the noise […] can no longer be heard inside” said building.

The court thus partially ruled in favor of real estate investor Pierre-Yves Beaudoin, owner of 4518-4526, avenue Papineau – the building just south of La Tulipe – who has been complaining about the noise caused by the famous performance hall since 2016. He had filed an application for an injunction to this effect in December 2020.

Quebec’s highest court also partially overturns the Superior Court’s judgment rendered in spring 2023, which ordered La Tulipe to carry out soundproofing work to reduce the noise produced in the performance hall.^⁠1.

The Court of Appeal instead orders a cessation of the emission of “audible noise”, if it is produced by “sound devices”, which includes in particular the loudspeakers in the room or the musicians’ amplifiers.

In its judgment, the court explains that the trial judge erred in considering that only Article 8 of the Noise Regulations of the Plateau-Mont-Royal, wider and less restrictive, since the noise did not come only from sound equipment.

The Court of Appeal agrees with what Mr. Beaudoin argued, namely that the noise from sound equipment must be examined separately under Article 9 of the Regulationsmuch more restrictive. This article specifies that “noise produced by means of sound devices” is prohibited “when it is heard outside or in another room”.

“The activities [de La Tulipe] are not illegal […] and there is therefore no reason to prohibit them. [La Tulipe] have[a] However, respect Article 9. It may be that the addition [d’un] insulating wall solves the problem, but the construction of the wall is uncertain and [La Tulipe] have[t] “comply with Article 9 in the meantime,” the Court of Appeal’s ruling reads.

The famous cabaret in the eastern part of Plateau-Mont-Royal, classified as a heritage monument, was built in 1913. Actor Gilles Latulippe bought it and renamed it the Théâtre des Variétés in 1966. It was renamed La Tulipe in 2004.

Eight years later

This chapter is the most recent in a long story between La Tulipe and its neighbor, which began more than eight years ago.

According to the property assessment role, investor Pierre-Yves Beaudoin purchased 4518-4526, avenue Papineau in 2016, directly from La Tulipe, which had previously used it as a warehouse.

The following year, the new owner complained several times about the noise coming from the already century-old performance hall. The theatre and Mr. Beaudoin’s building are separated “only by a common wall whose physical characteristics do not allow the sound to be completely cut out […]particularly those of low frequencies,” as the judgment explains.

In December 2020, Pierre-Yves Beaudoin filed a request for a permanent injunction, after sending a formal notice to La Tulipe.

Then engaged in a legal process, La Tulipe received visits from the police and numerous fines due to noise in the following months. In December 2021, La Tribu – which manages La Tulipe – made a public outing^⁠2explaining that the theater could well close its doors because of the injunction request.

In May 2023, the Superior Court of Quebec rendered its judgment, granted the request for an injunction, and required La Tulipe to better soundproof its building – an order overturned by the Court of Appeal – and to pay $1,500 in damages to Pierre-Yves Beaudoin.

A neighboring building itself in dispute

4518-4526 Papineau Avenue is itself, however, in dispute. While he purchased a commercial building, Mr. Beaudoin transformed part of it into a residential building in the summer of 2016, a few months after his purchase.

However, the City of Montreal argues that this permit was issued “contrary to the regulations,” which stipulate that “a premises occupied for residential purposes cannot be adjacent to a place of sale of alcoholic beverages or a performance hall.” However, this error was not discovered until the summer of 2021, after the injunction application was filed. The City authorized legal recourse against Mr. Beaudoin on this matter in January 2022, a few weeks after the release of La Tribu^⁠3.

The question of the legality of the transformation of 4518-4526, avenue Papineau has not yet been decided by the courts and was not taken into consideration in the decision of the Court of Appeal rendered on Monday.

In response to the ruling, the Plante administration, “very concerned”, said that it would do “what is necessary to support La Tulipe in its efforts to improve the soundproofing of its performance hall”.

Ensemble Montréal, which forms the official opposition at city hall, also reacted to the ruling, saying it was “seriously concerned about the future of La Tulipe.” “We remain deeply shocked that an error by the Plateau-Mont-Royal borough would result in such a nightmare for this cultural institution in our city,” said Chantal Rossi, the official opposition’s spokesperson for culture.

1. Read “The Tulip Will Have to Turn Down the Volume”

2. Read “La Tulipe threatened with closure”

3. Read “Le Plateau will initiate legal proceedings against La Tulipe’s neighbor”