Montreal man files class-action lawsuit against cemetery after plot contract length changed

A Montreal man says he was surprised to find the burial plot his family purchased in perpetuity now has an expiration date.

Pedro Gregorio said he bought a family plot at the Notre-Dame-des-Neiges Cemetery when his father unexpectedly died in 1987.

"It was a contract in perpetuity, and we saw this as a family plot," he said, adding that the plot could accommodate two caskets and four urns.

However, when the time came to bury his mother in 2022, he found out the contract had changed, from perpetuity to 99 years.

The cemetery informed him it was because of changes to a provincial law that had been passed in 1994.

"When I asked further which law, they just sent me a copy of their internal regulations," he said.

He contacted lawyer Charles O'brien of Lorax Litigation who investigated and found there is no law forcing Notre-Dame-des-Neiges Cemetery to change the terms of the contract.

"Even if it was legislated by a government, it's an expropriation," he said. "And you've got a claim against somebody, whether it's a claim against the cemetery or a claim against the state for annulling contracts, there's still a claim available. A deal is a deal. You’re not getting what you bought."

O’Brien points out other cemeteries in the province still sell plots in perpetuity, and that the law recognizes this concept and it means forever.

"For instance, if you set up a land trust or you protect land in perpetuity, there's no end date."

Gregorio said he’s upset that he was never informed of the change, which is why he decided to launch a class-action lawsuit against the cemetery.

"I'm thinking about all these other families who, through no fault of their own, no knowledge, are one day going to be confronted, perhaps with not having a place to commemorate their, their ancestors," he said.

It could take a year for a judge to decide whether the case will go ahead.

Representatives from Notre-Dames-des-Neiges Cemetery told CTV News they would not comment on the case while it is before the court, but sent a news release that defended their actions as complying with the law.

The cemetery added that families will have the possibility of renewing their contracts after the 99-year term.