Executive Summary: Key Legal and Evidentiary Issues

• Simon Messier sought a safeguard order to extend the deadline for demolishing a garage and removing nuisances on his property from May 29 to June 15, 2026.
• An earlier judgment rendered on August 26, 2025 by Justice Elif Oral had ordered Messier to demolish a building on his property and eliminate all nuisances within 30 days of the issuance of a demolition permit.
• Messier's appeal of the August 2025 judgment was dismissed by the Quebec Court of Appeal on December 17, 2025, with costs.
• Following a subsequent agreement between the parties before Justice Alicia Soldevila, Messier had committed to retaining a contractor, paying 30% of the bid value, and completing demolition by May 29, 2026.
• The retained contractor withdrew from the demolition mandate, which Messier attributed to harassing conduct by municipal representatives.
• Messier failed to demonstrate sufficient appearance of right or urgency to justify the issuance of a safeguard order.

Facts of the case

The Municipalité de Saint-Boniface brought proceedings against Simon Messier in connection with a building located on his property. A judgment rendered on August 26, 2025 by Justice Elif Oral of the Superior Court ordered Messier to demolish and dismantle the building within 30 days of the issuance of a construction permit by the municipality, and to eliminate all sources of nuisance on the property within 30 days of the judgment. Dissatisfied with that decision, Messier appealed to the Quebec Court of Appeal on October 2, 2025. The Court of Appeal dismissed his appeal on December 17, 2025, with costs.

In a related proceeding involving the same parties, Messier's children, and his hypothecary creditor (docket no. 410-17-002415-268), Messier filed an application for a provisional injunction. At the hearing of that interlocutory injunction application before Justice Alicia Soldevila of the Superior Court, the parties reached an agreement after lengthy discussions: Messier undertook to retain a contractor for the demolition, pay 30% of the bid value, and have the work completed no later than May 29, 2026. Messier also consented to the municipality's application to facilitate execution of the judgment, authorizing the municipality to enforce the August 26, 2025 judgment of Justice Oral until October 30, 2026. The contractor Messier had retained subsequently withdrew from the demolition mandate. Messier alleged that the withdrawal resulted from harassing conduct by the municipality's representatives toward the contractor, leaving Messier in default of his commitment to the municipality.

Procedural context and the safeguard application

With the May 29, 2026 execution deadline approaching, Messier filed a motion to facilitate execution of the judgment under articles 657 and 659 of the Code of Civil Procedure, seeking a hearing on the merits. Pending that hearing — scheduled for June 1, 2026 — Messier brought an urgent application for a safeguard order to extend the demolition and nuisance-removal deadline from May 29 to June 15, 2026. Messier testified that approximately 95% of the work had already been completed. The municipality opposed the application.

Court's reasoning and analysis

The court considered the application under articles 657 to 659 and article 49 of the Code of Civil Procedure. It noted that Messier's request was, in substance, a request to modify the 30-day execution period set out in Justice Oral's original judgment. On the two essential criteria for a safeguard order, the court found that Messier had not demonstrated a sufficient appearance of right to justify granting the order, and had equally failed to establish that the urgency of the situation supported the relief sought.

Ruling and overall outcome

The court rejected Messier's safeguard application and scheduled the hearing on the merits of the execution assistance application for June 1, 2026. The Municipalité de Saint-Boniface was the successful party on this motion. No specific monetary amount was awarded; the court ordered costs against Messier without specifying an exact sum.