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Victory by Woods upheld by the Court of Appeal in an application for an interlocutory injunction

2020-10-07

Woods is proud to have successfully acted on behalf of Devimco Immobilier Inc. in a dispute with the second developer of the former Montreal Children's Hospital site, a downtown project estimated at $400 million.

At first instance, we obtained an interlocutory injunction in favor of Devimco Immobilier Inc. against HRM Projet Children Inc. and certain other defendants, forcing the latter to backfill a large excavated area, due in particular to a risk of collapse of the retaining wall it erected in the context of the project under construction.  Since Devimco Immobilier Inc.’s use of an access road that had been agreed between the parties was restricted, the trial judgment also addresses the fact that Devimco Immobilier Inc.’s real rights were jeopardized by the current situation. This decision is of particular interest for litigation involving the public interest as well as the rules of good neighbourliness and co-ownership.

On September 4, 2020, the Honourable Robert M. Mainville, J.A., dismissed the motion for leave to appeal filed by HRM Projet Children Inc. Justice Mainville confirmed that Devimco Immobilier Inc.'s request for an interlocutory injunction had been properly granted, while adding that all the criteria for such an injunction had been met. The decision of the Honourable Justice Mainville is a must-read for any litigator in civil matters. 

Sarah Woods and Carolan Villeneuve represented Devimco Immobilier Inc. To view the judgment, click here.