View cases - Stewart McKelvey

- 64 -[TRANSLATION] . . . practising Jews must, for a period of eight daysbeginning at sunset on the first day, dwell in a succah, that is, a roughstructure made of wood or canvas with an open roof covered with only firbranches or bamboo, as the roof must for the most part remain open to thesky.113 Although the biblical commandment is to “dwell” in succahs, the climate inthe Montréal area is such that practising Jews, including the appellants, do not in fact2004 SCC 47 (CanLII)dwell in them. Instead, the mandatory religious practice is apparently to eat supper onthe first day and all meals on the second day in a succah. The obligation is less strict forthe days that follow.114 On October 10, 1997, Mr. Amselem asked the Syndicat for permission toerect a succah for a period of 11 days, that is, from October 14 to 25, 1997. Therespondent refused, maintaining that this was prohibited under the declaration ofco-ownership. However, the Syndicat offered to set up a large tent near one of thetowers, which would serve as a communal succah for all Jewish co-owners wishing tocelebrate Succot. This offer, to which the appellant Amselem agreed, was also approvedby the Canadian Jewish Congress, which acknowledged [TRANSLATION] “the effortsmade by Syndicat Northcrest and the members of its board of directors to accommodateJewish co-owners wishing to comply with religious obligations relating to the festivalof Succot”.115 Notwithstanding Mr. Amselem’s earlier acceptance, the appellants decidedthis offer was unacceptable and proceeded to erect succahs on the balconies, porches orpatios adjoining their respective dwelling units. In response, the Syndicat took legalaction, filing a motion to institute proceedings and an application for an injunction to bar