A citizen was expelled from the Laurier community garden, in Arrondissement de Rosemont – La Petite-Patrie, where she had been gardening for about a decade. However, the Garden Committee had not respected the procedure provided for in the Règles de civisme et de jardinage applicable in this Borough. These rules provide for a gradation of sanctions and impose that written notices be given to the gardener, identifying the available recourses to contest the sanction. In light of these non-compliances, the OdM recommends the cancellation of the Notice of expulsion as well as the reinstatement of the gardener: Recommendation refused. The Borough offered the gardener the option of registering at another garden. This offer was refused since the citizen found it too far from her residence.
During the investigation, we had agreed with the Borough that the plaintiff’s tools and other gardening goods, still at the community garden, would be kept so she could retrieve them. Nonetheless, a member of the Garden Committee threw them away. We were able to obtain a financial compensation from the Borough. This aspect of the file was settled to the plaintiff’s satisfaction.
