Summaries of decisions

Conditions of the lease

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

The lessee claims that the lessor failed to inform her that she had to pay a portion of the electricity costs for the common areas.

Summary of the application

The lessee seeks:

  • resiliation of the lease
  • $383 for material damages
  • $2,680 representing the rent paid for September to December 2018

(monthly rent is $670)

Outcome

The Régie:

  • dismisses the lessee’s application because her consent was not vitiated by fraud on the part of the lessor at the time of signing the lease
Reasons

The lessee was fully informed of the electricity costs paid by the previous lessees.

The lessor informed her of the factors that could have an effect on the overconsumption of energy.

The information sent at that time was relevant and decisive.

The lessee’s lifestyle is partly responsible for the costs incurred; she left the windows open during the cold season to air out the dwelling.

Full judgment

Blanchard c. Poirier (July 11, 2019)

 

Issue

Building by-law

Requirement to hold a liability insurance policy

Summary of the application

The lessor requests that the lessee perform his obligation to take out liability insurance.

Outcome

The lessee must take out a liability insurance policy and provide the lessor with proof of this insurance.

Reasons

The clause of the by-law requiring the lessor to hold liability insurance cannot be declared illegal.

The lessee had a duty, when he signed the agreement requiring him to take out an insurance policy, to do research in order to make an informed decision to enter into a lease.

The lessee was not misled or deceived by the lessor at the time of entering into the lease.

Full judgment

9355-9706 Québec inc. c. Kwart Owusu (December 17, 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.