The Court of Appeal agreed to hear the owner of the private residence for seniors (RPA) Mont-Carmel, Henry Zavriyev, who wanted to appeal a judgment of the Superior Court handed down on October 30.
At the end of a hearing held on Tuesday, Judge Stéphane Sansfaçon, of the Court of Appeal, concludes that the criteria for allowing the appeal are satisfied and “that it is in the interest of the parties that the issue is definitively settled at this preliminary stage of the case”.
Recall that on October 30, the trial judge had determined that the Superior Court had the jurisdiction required to settle the dispute between the tenants and the owner of the building on René-Lévesque Boulevard. Henry Zavriyev challenged this decision, believing that the judge had erred and that it was rather for the Administrative Housing Tribunal (TAL) to decide the dispute. According to him, the rights and obligations of each stemmed from their status as landlord and tenant.
The Court of Appeal therefore granted Henry Zavriyev permission to appeal the judgment of the Superior Court and set May 12 as the date for the hearing. Nevertheless, Judge Sansfaçon does not suspend the proceedings related to the injunction orders forcing Mr. Zavriyev to retain all the services of RPA and those in contempt of court which weigh on the businessman.
Henry Zavriyev had acquired the Mont-Carmel residence in December 2021 at a cost of 40 million. After purchasing the building with 216 rental units, the real estate investor sent an eviction notice to its tenants, announcing that the building would be subject to a change of vocation in order to become a standard rental complex.
About sixty tenants then opened a file with the TAL in order to oppose the change of assignment and the loss of services such as nursing care and the presence of alert buttons in the rooms. An originating application had also been filed in the Superior Court of Quebec at the beginning of April so that the services it offers as an RPA, as provided for in the deed of sale signed by Mr. Zavriyev.
On the sidelines of the hearing on Tuesday, the tenants present criticized Henry Zavriyev for “stretching the sauce” and wanting to lengthen the procedures. Suzanne Loiselle, spokesperson for the residents, also deplored the reduction in services at the Mont-Carmel residence and the establishment of a climate of uncertainty among the tenants. “But people are determined,” she said.