In the case of the conversion of the private residence for seniors Mont-Carmel in Montreal into a building with standard housing, the owner Henry Zavriyev obtained on Wednesday from the Court of Appeal that it examines the decision of the Superior Court of the month of October concerning him.
In this decision, the Superior Court asserted that it had full jurisdiction in this case.
The owner contested it, believing that it is not up to the Superior Court to consider the dispute, but rather to the Administrative Housing Tribunal.
As summarized by Judge Stéphane Sansfaçon in his decision, the owner considers that what is at issue here are the rights and obligations arising from the status of lessor and lessee of each, which is dealt with in article 1966 of the Act respecting the administrative tribunal housing.
Judge Stéphane Sansfaçon agrees with the owner on this question of jurisdiction which, in his opinion, must be debated and decided again.
The parties therefore meet again at the Court of Appeal on May 12.
Justice Sansfaçon clarified that his decision has no effect on the contempt of court proceedings against Mr. Zavriyev, which are continuing.