Summaries of decisions

Cannabis

The Régie makes summaries of decisions on various topics available to you.

That tool could be useful to prepare your application or as part of a conciliation session. For example, it could help you estimate the amount of damages to which you are entitled or the nature of the orders likely to be issued by the tribunal.

Warning

The following examples of judgements are provided for information purposes only.

Several factors can influence a judge’s decision. For example, a clause provided for in the lease, the relevance and quality of the evidence provided, etc. In summary, each case is different and each decision depends on the evidence submitted to the tribunal.

Issue

Legalization of cannabis

Summary of the application

Application under art. 107 of the Cannabis Regulation Act.

Outcome

The current lease cannot be amended to include a clause prohibiting smoking cannabis in the dwelling.

Reasons

The lessee has proved that her refusal to amend the lease is justified on medical grounds.

The production of a medical prescription certifying that cannabis is an appropriate treatment for a lessee's conditioin is not required by the Cannabis Regulation Act.

Respect for privacy.

Balance between the right to remain in the premises and the objectives covered by the Cannabis Regulation Act.

Full judgment

Gestion immobilière Langlois inc. c. Brodeur (March 7, 2019)

 

Issue

Cannabis odours

Summary of the application

Lessee seeks:

  • 20% rent reduction
  • $1,000 in moral damages
  • that the lessor provides him with the peaceful enjoyment of his dwelling

(subsidized monthly rent is $210)

Outcome

Application is dismissed.

Reasons

The odours of cannabis were not so persistent, unpleasant or unbearable as to permanently inconvenience the lessee (no proof of excessive and unreasonable disturbance).

Full judgment

Moula c. Habitations communautaires Loggia (December 19, 2018)

 

Issue

Legalization of cannabis

Summary of the application

Application under art. 107 of the Cannabis Regulation Act.

Outcome

The current lease cannot be amended to include a clause prohibiting smoking cannabis in the dwelling.

Reasons

The lessee has an order authorizing her to use cannabis for medical purposes.

The lessee may have her lease resiliated if this use causes serious prejudice.

Cannabis use by a lessee is not protected by privacy rights.

Full judgment

Immeubles Yelena inc. c. Windsor* (January 10, 2019)

* Request for review

 

Issue

Legalization of cannabis

Summary of the application

Application under art. 107 of the Cannabis Regulation Act.

Outcome

The current lease is amended to add the following clause:

"It is strictly forbidden to consume cannabis by inhalation (to smoke cannabis). The definition of smoking also includes the use of a pipe, bong, electronic cigarette or any other such device. This prohibition applies to the internal and external areas of the property, the land, balconies, patios and common areas."

Reasons

The Cannabis Regulation Act prohibits smoking cannabis in several places.

A lessor may or may not prohibit smoking cannabis in the dwelling rented by his or her lessees.

Before making this decision, the lessor must take into accout:

  • the respective enjoyment of the other lessees with regard to their dwelling;
  • the possibility that there may be children in the vicinity;
  • any other personal reason.
Full judgment

Aguilar c. Hébert (December 21, 2018)

 

Issue

Use of marijuana (cannabis) prescribed for therapeutic purposes
Excessive noise

Summary of the application

The lessor seeks:

  • resiliation of the lease
Outcome

The lease is resiliated.

Reasons

Cannabis odours from the lessee's dwelling are persistent and disturbing.

Even though the lessee's use of cannabis is legal, the occupants of the building suffer serious inconvenience.

The lessee receives many people in her dwelling, which causes constant comings and goings and a lot of noise.

Full judgment

Mauro c. Lord (December 6, 2018)

 

Issue

Legalization of cannabis

Summary of the application

Application under art. 107 of the Cannabis Regulation Act.

Outcome

The lessee's two leases were modified to add a clause prohibiting the smoking of cannabis in the dwelling, which includes the building's backyard.

Reasons

The lessee has not proved that his refusal to modify the lease is justified on medical reasons.

The lessee has access to the use of the building's backyard, which is closely connected to the dwelling.

This yard is an accessory to the dwelling.

Full judgment

Ricard c. Drolet (March 15, 2019)

Note to reader: The above examples of decisions were selected and summarized by SOQUIJ. In rare instances, they may have been appealed from before a higher court. If you wish to cite one of those judgments before a tribunal, it is recommended that you check the plumitif of the courthouse in question.

Continue searching

If need be, you can consult other decisions with regard to dwelling leases by using the search engine (in French only) available free of charge on the SOQUIJ website. For best results, simply select a tribunal (e.g. Régie du logement), and enter French key words such as “bruit” (noise), “moisissure” (mould), “zoothérapie” (animal therapy), “résiliation” (resiliation), “expulsion” (eviction), etc.