The mayor of Plateau-Mont-Royal assures that the performance hall La Tulipe “is here to stay”, the day after a judgment ordering it to lower the sound.
The owners of the premises have maintained radio silence since the publication of the Superior Court’s decision, but the borough mayor Luc Rabouin believes that she is not signing her death warrant.
“We are in contact with the owner, we spoke to him [mardi] morning and meetings are scheduled for this week to determine what to do next,” said Mr. Rabouin in a written statement. “We will take the time to analyze the judgment and we will do what is necessary to support them and treat this file as a priority. »
In a ruling that surfaced on Monday, Judge Azimuddin Hussain ordered La Tulipe to comply with Montreal noise regulations and make room noise less audible to neighbors. Soundproofing work will have to be carried out in the medium term.
“There are no vested rights to a nuisance,” ruled Judge Azimuddin Hussain, condemning the company to pay damages to its neighbor on Papineau Avenue. “Noise is an abnormal inconvenience and the [propriétaires de la salle] are therefore responsible. »
The judgment follows a lawsuit filed by Pierre-Yves Beaudoin, a real estate investor who in 2016 bought a building that was previously an outbuilding of the performance hall. The wall that separates the two neighboring buildings is poorly insulated. An administrative “error” by a municipal official authorized Mr. Beaudoin to develop housing there.
“The music emanating from La Tulipe vibrates the walls and floors of the accommodation” of the building, which he lives with 16 tenants, indicates the decision. “The noise disturbs Mr. Beaudoin’s sleep and makes him more irritable”, and “disturbs his tranquility when he works at home: his concentration is undermined”.
In addition to having to comply with municipal regulations, La Tulipe will have to compensate Mr. Beaudoin up to $1,250.