Quebec Court of Appeal dismisses application for leave filed by Magic Palace

MCK

The Mohawk Council of Kahnawà:ke (MCK) wishes to inform the community that on February 20, 2026, the Quebec Court of Appeal dismissed the application for leave to appeal filed by the owners of record of Magic Palace. The application for leave to appeal followed a December 17, 2025, decision of the Superior Court, which had dismissed their request for an interlocutory injunction.

In its decision, the Court of Appeal concluded that the Plaintiffs did not meet the criteria required to obtain leave to appeal of a judgment rendered in the course of the proceedings. The Court found no apparent weakness in the Superior Court’s analysis, which had determined, among other things, that, at this stage of the proceedings, the Plaintiffs did not raise a serious issue to be tried concerning MCK’s right to terminate the Royalty Agreement.  The first instance judge had further found that the evidence available confirmed a change in the ownership of Magic Palace to the benefit of a non-member of the community, contrary to the terms of the Royalty Agreement.

It is important to note that these decisions concern only the Plaintiffs’ request for an interlocutory injunction, which is a temporary measure sought while a case is ongoing. Both the Superior Court and the Court of Appeal refused to grant that temporary relief to Magic Palace. The main case, where the Court will ultimately decide the dispute between the parties, has not yet been heard and remains before the Court.

Proceedings on the merits remain ongoing before the Superior Court, and no trial date has yet been set.

As this matter continues to be before the Courts, the MCK will not be providing further comment at this time.

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