Côte St. Luc

CSL wins in snow dumping case

By Joel Goldenberg
The Suburban

Small Claims Court Judge Daniel Dortélus ruled recently in favour of the City of Côte St. Luc in a case involving snow having been dumped on a local lawn.

The Suburban has heard numerous complaints over the years about snow dumping at council meetings and in phone calls on residential properties within our coverage area, and several cases have ended up in court.

A resident sued CSL for $15,000, saying his lawn on Robinson Avenue was damaged as a result of snow thrown onto his property in 2021. The allegation was that on April 7 of that year, the snow dumping by employees resulted in damage to the lawn and earth in front of his apartment building.

The plaintiff argued that during the winter of 2021, “the defendant’s employees accumulated significant quantities of snow, gravel and calcium on the plaintiff’s land, despite the existence of other less damaging alternatives” and that they “destroyed the plaintiff’s land with machinery, snow and calcium [and] acted abusively and unreasonably.”

The plaintiff also said that “in 2019 following a complaint filed with the city, it replaced the lawn which was damaged by snow during snow removal work.

“I have repeatedly over the years complained by letter and verbally about the practice of the city snow removal employees to collect all the snow between CSL Road and Parkview and proceed to dump it on the façade and entrance of the building,” the plaintiff testified, according to court documents. “Because of the high concentration of calcium accumulated from repeated dumping of the salted road snow during the winter months, my grass is totally destroyed.”

CSL denied responsibility and argued that “any city or municipality has the right to spray snow on adjacent private properties, under section 69 of the Municipal Powers Act (RLRQ c. C-47.1),” that “any local municipality may throw snow covering a public road onto adjoining private lands,” and that the provision “does not specify a maximum quantity of snow that can be thrown on a property and in no way obliges a municipality to adopt alternatives to snow throwing in order to avoid a situation where an owner could receive a greater quantity of snow than its neighbours.”

CSL said it “was not negligent in its snow removal operations, that it committed no fault and that it meets the standards that can be expected in such circumstances.”

The city also “suggested that the damage caused to the lawn is the result of major work that was carried out on the property in 2018 and 2019” and that the Public Works Department “communicated directly with the Plaintiff on several occasions to explain to him that snow removal operations near his property do not differ from regular operations since it does not present any special circumstances.”

The judge ruled that the plaintiff “failed to demonstrate that the city or its nominees committed a fault” and rejected the complaint.

“The evidence presented by [the plaintiff], which essentially consists of his testimony and the photos produced in evidence, is clearly insufficient to establish that the lawn on his property was damaged or damaged by the snow and residue thrown during the snow removal operations on Robinson Avenue in 2021,” the judgment says. “The photos transmitted with the formal notice of April 7, 2021 do not support the claim with regard to the extent and nature of the damage nor when it was caused. As for the estimate produced which was prepared on the eve of the trial for work carried out a year ago by [the plaintiff’s] company, it in no way improves [the plaintiff’s] position.”

The plaintiff was ordered to pay legal costs of $317.

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CSL consulting public on new master plan

By Joel Goldenberg
The Suburban

Côte St. Luc is holding meetings in July, August and September in connection with its master plan for the future of the city, including the potential redevelopment of Quartier Cavendish, the CSL Shopping Centre and Décarie Square.

The news was announced by Councillor Mike Cohen at his District 2 virtual meeting and guest speaker Councillor Dida Berku. The master plan process began in 2022 with public information meetings and other meetings with stakeholders. Cohen said there will be an opportunity for developers to build a “lot of high rises” for redevelopments.

“On Wednesday, July 10 [at 7 p.m], there will be an information session about our master plan at city hall, and on Monday Aug. 12 [at 8 p.m.], all the details will be available that night, and that’s when the consultation will begin,” he explained. “It will go on until we vote on Sept. 16 on the proposed zoning.”

Berku said that the meetings “will deal with the master plan and the special planning program for the Town Centre, including Cavendish Mall, the new zoning bylaws and all the new rules that will be adopted to make way for these new developments not only in the malls, but along the commercial corridors like Westminster and Caldwell.

“We will also introduce new rules regarding home-based businesses and other changes that will make it easier for homeowners to renew the housing stock,” she added. Berku said that “there’s no such things as status quo. We have to prepare for the future and it’s best when we plan and design our future the way we want it….We cannot leave the malls the way they are. There’s no two ways about it. CSL has the same challenges as all the other cities.”

A brief power point presented by Berku described the vision of the Town Centre, which includes Trudeau Park and Cavendish Blvd. between Kildare and Mackle Roads, as a “vibrant and dynamic mixed-use area with lively and inviting public spaces and thriving commerce, which fosters community, promotes well-being and resilience and provides residents with viable housing and mobility options.”

The councillor also said that density is essential, especially in light of the housing crisis, and “if we want to increase the housing stock of all types from rental apartments to condos, from affordable to high end luxury, we will need to think about a city where we can all live and play and even work. We all know what a lively town centre looks like — families living in good housing, viable places to shop and eat and entertain yourself and you need the parks and public spaces that will allow our residents to thrive and maintain a good quality of life at a reasonable price, a fair tax rate. For that, we need more revenue. That is the winning formula.” n

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CSL to name greenspace after Alexandre Look

By Joel Goldenberg
The Suburban

The City of Côte St. Luc will be naming a greenspace after former resident Alexandre Look, who was murdered by Hamas terrorists Oct. 7, 2023 while defending others during the Nova music festival in Israel, Mayor Mitchell Brownstein announced at a recent council meeting.

Brownstein pointed out that the council meeting was taking place a day after the six-month commemoration of the attack, in which more than 1,200 people were brutally murdered, more than 200 kidnapped and thousands injured.

“It was the bloodiest day in Israeli history,” the Mayor said. “It was the bloodiest day for Jews since the Holocaust. One of the many atrocities was at the Nova music festival. One of those killed was Alex Look, who grew up in Côte St. Luc. He was a family friend, same age as my son. We knew Alex well. He went to school here and knew a lot of people here. He died Oct. 7 trying to protect the people he was with. His mom was on Zoom with him.”

Brownstein said CSL will honour the memory of Look and all those killed on Oct. 7 “by naming the greenspace between Jewish People’s and Peretz Schools-Bialik and Beth Chabad ‘Alexandre Look Place.’

“We will also install a plaque explaining the events of Oct. 7 and work with the family and the institutions surrounding the area to conceptualize a meaningful landscape plan for the area.” n

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Man arrested for destroying Israel Rally posters in CSL

By Joel Goldenberg
The Suburban

A 23-year-old man was arrested by the SPVM as a suspect in the April 27 vandalism of posters advertising the 11 a.m. May 14 Israel rally that will take place at Place du Canada.

The individual, suspected of mischief, was released pending further investigation. The vandalism took place about 4 p.m. at Quartier Cavendish in Côte St. Luc, SPVM spokesman Jean-Pierre Brabant told The Suburban. A 911 call was received at that time.

“A man was damaging some posters and some were taken off where they were [posted],” he added. “From there, we had information of a potential suspect fleeing the scene, so officers were able to intercept him. He is considered a suspect. He was released, but is still under investigation. We need to get some surveillance video from some stores that are in the parking lot. We need some proof of image, and from there, there could be a criminal charge of mischief towards that man.”

Asked if the suspect was wearing a keffiyah, a common sight at anti-Israel protests and viewed as a symbol of Palestinian resistance, Brabant said the police report does not mention that.

“We met with some witnesses and we had a good description of the person, and it helped the police officer to intercept him when he was getting away from the scene,” he added. “We’ll see if a charge can be brought against him.”

Brabant declined to provide The Suburban with the description of the individual provided to police at this point, saying the case could go to trial. n

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CSL, Hampstead pass protest bylaws

By Joel Goldenberg
The Suburban

Côte St. Luc and Hampstead councils have passed bylaws designating where protests can take place in their respective municipalities, in what CSL calls a “safe setback perimeter.”

The bylaws are inspired and built on the injunctions obtained by Spiegel Sohmer senior partner Neil Oberman for Federation CJA and the Spanish and Portuguese Synagogue protecting 27 Jewish institutions by stating that anti-Israel protests cannot take place within 50 metres of the sidewalk at each institution. The injunctions were obtained following a March 4 blockade by pro-Hamas protesters at Federation CJA and a March 5 hours-long protest at the Spanish and Portuguese Synagogue.

The Hampstead nuisance bylaw amendment, passed in its final version at a special April 17 council and regarding provisions involving peace, public, order and safety, says that on its territory, “no assembly or other gathering may be held within 100 metres of any place of worship or any school on public thoroughfares, in parks and places or other areas of public property.”

“Council is of the opinion that citizens who exercise their freedom of religion have the right to do so in complete security and peace,” the Hampstead and CSL bylaws draft bylaws say. “The imposition of a minimal distance from places of worship and from schools for manifestations is necessary and reasonable for ensuring public safety and maintaining public order, while respecting the rights and freedoms involved.”

More specifically, Mayor Jeremy Levi said the amendment will “ban hateful, intimidating, and hostile pro-Hamas demonstrations within 100 metres of places of worship and schools. Violators will face a $1,000 fine.” Levi told The Suburban last week that the bylaw applies to a gathering of 10 or more people.

The fine in CSL will be a minimum of $100 and a maximum of $1,000, and for an organization, minimum $200 and maximum $2,000. In Côte St. Luc, the bylaw, also an amendment of their nuisance bylaw and passed in its final version April 10, “forbids for any person or group to demonstrate or protest in such a way that disturbs the peace, public order or public safety within a radius of 50 metres from the sidewalks of any building in IR – CC – CD and IN zone as defined in By-law No. 2217, Zoning Regulation of the City of Côte Saint-Luc.”

Thus, the bylaw protects all schools in CSL, hospitals, any religious institution and commercial establishments, where some religious institutions are now located. Councillor Steven Erdelyi explained that while the city is happy that the injunctions protecting Jewish institutions were granted and extended recently, “the concern is that, one day, the judge could decide not to renew the injunction.”

Mayor Mitchell Brownstein said there have been discussions about how the police can best assist the city in protecting institutions. “The police are the enforcers. We set up the perimeter with the bylaw. The police would know, based on the terms of the bylaw, what to do. If there’s noise, such as loudspeakers, or chants outside of an event, we would point the police to our noise bylaw and say that they’re disturbing an event going on inside a synagogue and they should shut it down. The police rely on us as municipal leaders to direct them to the relevant law that they can then enforce, whether it’s a ticket, arrest or just ensure the peaceful enjoyment of the neighbourhood. People are free to demonstrate, but they have to do so respecting our bylaws and other laws.”

Oberman told The Suburban he could not offer an opinion on the CSL and Hampstead bylaws for reasons of lawyer privilege, “but anything that enhances and protects the community should be supported, maintained and enforced.” n

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CSL residents demand action on potential renovictions

By Joel Goldenberg
The Suburban

The March Côte St. Luc council meeting was nearly filled to capacity, mostly with tenants from 5755, 5765 and 5775 Sir Walter Scott and 6565 and 6575 Kildare Road who are concerned about their mysterious new owners.

Councillor Mike Cohen wrote on his www.mikecohen.ca blog that the five residential buildings were recently sold by CLV Group for $40 million to new ownership, listed as Immeubles Galleons S.E.C., located in Laval.

“It is unclear who actually heads this enterprise,” the councillor added. “One name kept coming up; a developer I have worked with in my day job. When I reached him he insisted that he was originally a prospective buyer. ‘I flipped the offer to another investor prior to closing,’ he said.” Cohen confirmed to The Suburban that the developer he was referring to was Henry Zavriyev, a well-known owner of numerous properties in Montreal.

Cohen also said the tenants fear the new owners will proceed with renovictions — evicting tenants to renovate units. This prompted many of the tenants to attend the council meeting.

Kildare resident Alexander Errore told council that in the three weeks following the change of ownership, dramatic changes have taken place for the tenants, such as “confusing and inaccurate information via memos posted in hallways. Emails and calls regarding rent payment, emergency contacts and service to two private cell phone numbers provided have been sporadically answered or not answered at all.”

Errore said that two onsite building managers, identified as Mr. Avi and Mr. David, “have been knocking on doors, attempting to get tenants to vacate their apartments with offers and manipulation instead of concentrating on properly transitioning from the former owners.”

The resident alleged that the two men are employed by Zavriyev, “who the media has dubbed the ‘king of renovictions.’

“His battles with seniors residences and apartment buildings are well documented in the media over the last several years. We have already created an informal tenants association and have received legal consultation.” The Suburban has contacted Zavriyev and we await his reply.

Errore added that “we are not convinced that the City of Côte St. Luc wants the next well-publicized battle against renovictions to happen within their quarters.

“Other than the amendment to the construction permits regarding renovictions, is CSL planning any other safeguards against the practice of renovictions?”

Errore was referring to a bylaw amendment passed by CSL late last year, saying “prior to the issuance of a permit for major works that require evacuation, written documentation must be provided demonstrating the fact the tenants have agreed, in writing, to either temporally relocate or voluntarily vacate their dwellings during the work. Tenants who have agreed to temporarily relocate must have been presented with a clear expected timeline for their return. The contact information of each affected tenant must be provided.” The bylaw also says “the building permit shall become null and void if any documentation or information provided during the permit application process is found to be misleading, untruthful, or inaccurate.”

Deputy Mayor Dida Berku, who was a longtime tenants lawyer, said she has “lived through this experience with many other tenants associations” in other areas of the city.

“We’re very sensitive to this issue, we understand the dynamics. But there’s a role for the courts and the Rental Board, and there’s a role for the city. The city applies bylaws in a fair and regulated fashion. We are not going to intervene in relations between landlords and tenants. You as tenants have to protect and fight for your rights. I understand you have a tenants association and you hired a lawyer, and that’s what you need to do.”

Cohen said the residents did not come to the meeting “in vain. I am sure that, whoever the owners are, they’re going to be well aware of the fact that, unlike other buildings where people have woken up when it’s too late, you have woken up before anything has officially started….We’re going to do everything in our power to back you up, and if that means sending our building inspector over there on a weekly basis, because there’s a problem, we’ll do it.”

Other residents called on CSL to take some type of action, but Berku reiterated that they should mobilize. n

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Court of Appeal rejects CSL bid to dismiss Meadowbrook case

By Joel Goldenberg
The Suburban

Quebec Court of Appeal Judge Benoît Moore has upheld a December 2023 Quebec Superior Court decision to reject the City of Côte St. Luc’s bid to dismiss a lawsuit against them by the owners of the Meadowbrook Golf Course. CSL will, instead, have to argue the case on the merits.

Meadowbrook Groupe Pacifique and the site’s previous owner have wanted to develop the golf course, which is located in Côte St. Luc and the City of Montreal borough of Lachine, for housing for decades. Legal actions have been taken by Meadowbrook contesting Montreal’s refusal to enable the course to be developed. Legal action was also taken in 2002, against CSL’s rezoning in 2000 of its part of the land from residential to recreational, which Meadowbrook’s owner calls a “disguised expropriation.”

In 2022, as reported by The Suburban, Quebec Superior Court Judge Babak Barin rejected two June 2021 bids by Montreal and Côte St. Luc to dismiss then-new legal action against them by Meadowbrook Groupe Pacific. There were previous amendments to the original case by MGP.

Last November, Councillor Dida Berku introduced a resolution at council calling on the firm of Belanger Sauvé to file a motion to dismiss the case. She told The Suburban that “our attorney uncovered [a technical irregularity], that they declare one owner to be the owner of the Lachine side, and another owner to be the owner of the Côte St. Luc side.”

Berku provided an update at the Feb. 12 council meeting, saying the longstanding case is continuing.

“There’s no end to it,” she added. “It’s another motion in the saga of who is the real owner of the golf course. We will soon find out the result of that.”

Two days later, the Court of Appeal made its decision to uphold the Superior Court’s rejection of CSL’s motion to dismiss the golf course owner’s case.

Asked about the latest decision, Berku explained to The Suburban Feb. 22 that there is one plaintiff in the CSL case, and another in the case against Montreal.

The owner “says it’s the same company and our lawyer’s position was that you can’t have the owner on title suing in one case and then the owner who’s not on title, but who has a counter-letter, suing in the other case.

“Basically, the court said it’s a legal issue that can be debated at trial. So we will do that.” n

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CSL’s King David Residence closing

By Joel Goldenberg

The Le King David Residence, a category 3 semi-autonomous seniors residence that first opened in Côte St. Luc 49 years ago, officially announced it is closing and halting all operations by Sept. 30, forcing its residents to move. The owners, Thomas Marcantonio and Alfonso Graceffa, have declined comment to media.

The residence has provided nursing and recreational services.”Since its inception in 1975, Le King David has been a symbol of compassion, empathy, and exceptional care in Côte St. Luc,” the residence’s website says. “With a profound sense of responsibility, we announce the closure of this esteemed seniors’ residence. This decision, influenced by the post-COVID era’s challenges, recognizes the profound impact it will have on our residents and the community.The residence’s website adds that it is “working closely with the local health authority and the CLSC to facilitate transitions for residents opting to move into the public system.”

The CLSC has confirmed that it was advised of the closure and has vowed to help those looking for a new place to live, adding that the 77 residents have been assessed by an independent living for seniors professional and that two information sessions have already taken place for the residents and their families.

Daniel Lévesque of the Syndicat québécois des employées et employés de service, expressed concern about residents aged between 80 and 90 having to seek new housing at this time of their lives. “I have the impression that the owners consider it like real estate,” he told Radio-Canada. Lévesque added that several of the residence’s 40 employees did not receive a $4 per hour bonus for several months, and that the need for unilingual English-speaking employees to find new work is also a concern.

Côte St. Luc communications director Darryl Levine has said that while the city has not received a permit request to convert the building to a new type of housing, no zoning change would be needed to do so. In 2017, it was announced that the Castel Royale seniors residence on Cavendish Blvd. would become an apartment building. The building closed as a seniors residence because of maintenance issues.

CSL councillor Steven Erdelyi told The Suburban that the closure is not a surprise to him, and that “I have since been checking in with the King David and Waldorf, and reached out to the B’nai Brith House and CIUSSS to help make sure everyone can be placed.” n

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