by NOEMI LOPINTO

In the backyard of the vegan restaurant Aux Vivres lives a small colony of wasps. Their nest is hidden from view, but the wasps are visible in the air, sometimes flying about the waiters’ heads as they go about their work. The waiters, most of whom live by the vegan credo of a meatless, dairyless diet, will not be destroying the nest. They will leave that to the construction crew coming to demolish the restaurant this November.

The 1,200-square-foot restaurant has been at the same location at 4432-34 St-Dominique for five and half years. Ironically, the proposed demolition date will coincide with Aux Vivres’ sixth anniversary. The residential leases of the two tenants living upstairs have also been cancelled. They must all vacate the premises by October 31.

Unless a new location is found, the demolition will cost 26 people their livelihood and deprive employees and clients alike of a community.

Waitress Anya Bird, 21, says they keep hoping it won’t happen. “I really want to keep this place going,” says Bird. “This is one of the best places in Montreal. It sets the groundwork for changing the way we see society, and in general a space for alternatives is important. I want the community and people in power to know that.”

Seeking Régie reprieve

The landlord, Avi Nehemia, bought the building in January 2003. Nehemia, 44, says the building must be torn down. “I wish there was something I could do,” says Nehemia. “The building structure is weak and it’s falling apart. The city has been on my back to fix the various problems. I wanted to help them relocate, but I couldn’t find a place.”

Aux Vivres’ bookkeeper, Eibie Weizfeld, is preparing for a fight at the Régie du logement. “We wanted to buy the building,” says Weizfeld. “He bought it for $165,000, but his selling price was $320,000. That’s called speculation. The landlord doesn’t have a demolition order. I sent him a registered letter saying we are renewing the residential and commercial leases, and we’re also going to get an order from the Régie. We’re waiting for their response.”

The City of Montreal has confirmed that no construction proposal has been submitted for 4430-4434 St-Dominique, nor has there been an application made for a demolition permit. Michel Tanguay, the city’s director of communications for the Plateau Mont-Royal, says nothing illegal has happened yet. “As long as the landlord doesn’t show up with a bulldozer we cannot intervene,” says Tanguay. “If the tenants believe they have been kicked out on a false motive, that is the business of the Régie du logement.

“To demolish a building you need a permit,” says Tanguay, “and a replacement project. You must present your plans, photos, prove measures taken to relocate the tenants, justify the request and draw up a schedule. The law also requires a public advisory in the newspaper and a sign posted on the building itself. The Plateau is a busy area. If something illegal happened, we would know.”

Upscale future

The lack of a permit and the looming deadline mean there is confusion, and a few rampant theories, as to exactly what Nehemia’s plans are. The tenants, the restaurant employees and Nehemia’s own lawyer, Melvin S. Kronish, believe that the plan is to build condominiums. Nehemia himself says he intends to build rental units.

Kronish says he didn’t know his client didn’t have a demolition permit—but that he would never evict tenants under false pretenses. “He is not after their restaurant,” says Kronish. “Why would he want an empty location?” Fines for an illegal demolition range from $10,000 to $50,000.

Nehemia says it takes a week to get a demolition permit. “We’re still working with the architect,” say Nehemia. “All this talk is stupidity. That building is going for demolition.”

Chris Leger, 36, has been working at the restaurant for five years. He says people have worked too hard to give up without a fight. “Moving would be a big hassle,” says Leger. “We are just coming into position to get things going. I think we need to at least make the attempt to stay. We can’t go quietly. It would send the wrong message, that the system can just come and walk over people.”