Pursued by a neighbor bothered by the noise, the cabaret La Tulipe in Montreal will be able to continue its activities on the condition of lowering the volume and soundproofing its performance hall, has just decided the Superior Court of Quebec. The Plateau-Mont-Royal borough promises to support the owners of the establishment and to make this file a priority.
“One thing is certain, the La Tulipe cabaret is here to stay,” assures the Duty the mayor of Plateau-Mont-Royal, Luc Rabouin. He must meet the owners of the legendary establishment on Papineau Avenue this week to analyze the judgment in more detail and plan what will happen next.
In its decision rendered on May 15, the Court concluded that “the noise [émanant de La Tulipe] represents an abnormal inconvenience and the [propriétaires de l’établissement] are therefore responsible […] for neighborhood disturbances. They will have to pay their neighbor Pierre-Yves Beaudoin the sum of $1,250 for the troubles and inconveniences suffered.
Mr. Beaudoin purchased the adjacent building in 2016, transforming the existing commercial space into residential space. In his lawsuit launched at the end of 2020, he indicates that the noise “makes the walls and floors of the apartments vibrate” in his building with 16 tenants and where he himself moved in 2017. This inconvenience also led to “abnormal turnover of his tenants », forcing him to redouble his efforts to find new ones.
In its decision, the court authorizes La Tulipe to maintain its activities on the condition of continuing its commitments to reduce the noise emanating from its room. Clearly, he must lower the volume of his evenings and shows, but also carry out soundproofing work on the building.
The group La Tribu, the manager and owner of the hall, has already taken steps to carry out the work. The company is awaiting a construction permit from the City of Montreal. The Court also ordered that work begin within one month of receipt of the permit. The facade of the building built in 1913 and classified as heritage has already been under construction for several months.
“A wealth that must be preserved”
With this decision, Judge Azimuddin Hussain only partly agrees with Mr. Beaudoin, since the latter asked the Superior Court to order “to stop the noise coming from the sound devices of the performance hall and bar La Tulipe”. He also claimed $40,000 in damages. An “unjustified” sum according to the Court. “Mr. Beaudoin knew that he was acquiring the building adjacent to La Tulipe, but seems to have considered neither the consequences nor the activities of the company”, can we read.
The Tribu did not wish to comment on the decision for the moment, specifying that it “needs time”. Fearing for the survival of La Tulipe, the company had appealed for help on social networks in December 2021. It then indicated that it was crumbling under the weight of fines and legal proceedings because of this dispute between neighbors which resulted an error by the municipal administration. The latter mistakenly granted Mr. Beaudoin a permit to switch from commercial to residential zoning.
For his part, the mayor of Plateau-Mont-Royal indicated that he would support the owners of La Tulipe and make this file a priority. “The cultural vitality of the metropolis and the Plateau is a wealth that must be preserved,” he underlines.
The City of Montreal also initiated legal proceedings against Mr. Beaudoin in January 2022 in order to “stop the illegal residential use” of his building. Even if the request for transformation was authorized in error by the municipal administration, the current use of the building adjacent to La Tulipe does not comply with urban planning regulations. This provides that “premises occupied for residential purposes cannot be adjacent to a drinking establishment or a performance hall”.
At the time these lines were written, Pierre-Yves Beaudoin’s lawyer, Ms.e Charlotte Dion, had not answered the questions of the Duty.