The tavern Italian Birra & Basta, on the rue Saint-Joseph in Quebec, has obtained from the court a further stay of a week in the face of an owner who wants immediate deportation of the restaurant.
On June 15, the school had won a first round in front of the tribunal, a commercial dispute that could have been avoided with the adoption postponed the bill 61 of the government of Quebec.
In an emergency, the justice François Huot of the superior Court had admitted the evidence of a serious or irreparable injury in the event of the conservators at the Birra & Basta would be evicted from their premises.
A provisional interlocutory injunction was therefore made until the 25th of June. The parties were summoned yesterday to a new hearing of the case in order to obtain a permanent injunction. The decision will not be known for a few days.
On July 3,
“The judge took everything under advisement and extended the initial order of the judge Huot until July 3 to take a decision on the application for interlocutory injunction “, has just explained to Me Jean-Paul Boily, by the lawyer of the Group Top Restaurant, which has six restaurants.
Meanwhile, the tavern Italian will pay the rent of July 1, 2020.
Interestingly, the court has shown to be annoyed in the face of e-mail sent under a pseudonym. The judge Clément Samson said ” it is unfortunate that e-mails issued by persons that do not self-identify come to interfere with the serenity of a hearing of the superior Court “. The judge has also requested that such writings are not to be republished.
Article 35.1 of the bill 61 of the government of Quebec would have prevented the owners of the property in question to proceed to a termination of commercial lease, eviction or entry by 1 August 2020.
In this folder, the owners of the Trust Marcon-Campo, tried to sell their building to the society Novafilm.
Responding to the demands of the restaurant industry, Quebec, had tabled amendments to bill 61 in the context of the COVID-19. Some of the rules could be simplified as soon as this summer, to the advantage of several restaurateurs who are experiencing difficulties.