The performance hall La Tulipe will have to lower the sound for its neighbors, the Superior Court has just decided, by inflicting a setback on this cultural place in the Plateau-Mont-Royal.
The theater had already mentioned its closure in the event of a judicial defeat, garnering a lot of support, but the justice system says it can continue to operate if it takes the means to reduce the noise coming out of its enclosure.
“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. »
La Tulipe’s normal course of business will not be interrupted if La Tulipe makes the necessary adjustments to comply.
Judge Azimuddin Hussain, in his decision
La Tribu, manager and owner of the room, refused any comment on Monday: there is no way of knowing whether, from its point of view, this decision is a death warrant for La Tulipe. The room has already raised thousands of dollars in tickets and incurred “a fortune” in costs in this case.
The company was sued by Pierre-Yves Beaudoin, a real estate investor who bought, in 2016, a building which was previously an outbuilding of the theater. The wall that separates the two neighboring buildings is poorly insulated.
Walls and floors vibrate
That same year, an “error” by an official of the Plateau-Mont-Royal borough had allowed the partial transformation of Mr. Beaudoin’s building into apartments. The businessman moved there himself in 2017 and soon began to complain of excessive noise.
“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 peace of mind when he works at home: his concentration is undermined”.
Mr. Beaudoin asked the Superior Court to order “to stop the noise coming from the sound equipment in the theater and bar”, as well as damages of $40,000.
Upcoming works
According to acoustic expertise carried out in Mr. Beaudoin’s building, the noise level in his room exceeds the maximum level established by the municipal by-law for the period from 7:00 p.m. to 11:00 p.m. by a few decibels.
But “the gap is not huge,” noted Judge Hussain.
The owners of the hall have already started the process to have the building soundproofed. They are awaiting a municipal building permit.
The work is delicate, since the building – built in 1913 and having belonged to Gilles Latulippe for 30 years – enjoys a heritage classification.
The Superior Court ordered the owners of the hall to respect their commitment to have the performance hall soundproofed. They must begin work within one month of receiving the construction permit from the City of Montreal.
In the meantime, Judge Hussain also “orders” La Tulipe to stop exceeding the sound limits provided for in the municipal by-law. His past overs will cost him $1,250. “Mr. Beaudoin suffered from certain troubles and inconveniences related to the noise of La Tulipe”, specifies the decision.
“We will not comment,” said his lawyer, Ms.e Charlotte Dion.
“Kafkaesque Episode”
The owners of La Tulipe spoke at the end of 2021, denouncing “a Kafkaesque episode”. “We are crying out against injustice. That’s enough. »
“It is incredible to think that they want to prevent us from presenting shows in a place that has only culture and entertainment for its vocation”, they continued.
Mayor Valérie Plante, Borough Mayor Luc Rabouin, if necessary, you will bear the brunt of this closure due to a blunder by the municipal administration and your inertia in the file.
The owners of La Tulipe, in a word in 2021
This exit had triggered a wave of solidarity in the cultural and political world. “I reiterate my commitment to the owners to ensure the sustainability of La Tulipe,” said Mr. Rabouin. “For us, it is an important cultural institution. We recognize its value and we want to make sure it stays on the Plateau. »
“The room has been there for 20 years. A new neighbor arrives knowing he’s moving next to a theater and he fucks the dog because he hears music. Foolishness, ”denounced host Guy A. Lepage on social networks.
The story so far
2004
The performance hall La Tulipe is moving into a century-old theater on avenue Papineau.
2016
An investor buys a former outbuilding of the theater and installs housing there, including his own. He quickly complains about the high noise level in this adjoining building.
2021
Faced with a lawsuit, the owners of the theater denounce the situation in the public square and threaten to have to close their doors.