Summaries of decisions

Neighbourhood disturbances

(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

Excessive noise on a regular and recurring basis

Unauthorized use of private parking space

Summary of the application

The syndicate of co-owners seeks the resiliation of the lease.

Outcome

The lease is resiliated.

Reasons

The unit is a private unit of a building held in divided co-ownership (condo).

The lessee and her guests sing and dance to very loud music and also scream, disturbing the peaceful enjoyment of the other occupants of the building.

Lack of cooperation from the lessee.

Full judgment

SDC phase 47-GR03-bloc190 (Kabura) c. Touré (March 6, 2019)

 

Issue

Construction site located in front of the building

Summary of the application

Lessees seek:

  • $350 per month in rent reduction
  • $2,000 in moral damages

(monthly rent is $1,416)

Outcome

The administrative judge awards the lessees:

  • $2,400 in rent reduction, which is equivalent to $200 per month
Reasons

The work has caused a lot of noise and dust.

The lessees were disturbed by the snow removal of the site, which was carried out during the night or early in the morning.

Existence of serious and recurrent noise problems.

Loss of actual, significant and substantial enjoyment of the leased premises for the duration of the lease, i.e. from June 1, 2016, to June 30, 2017.

Full judgment

Guillemette c. Façades du Mesnil Phase 2 (December 18, 2018)

 

Issue

The lessee disrupts the peaceful enjoyment of the other occupants of the building

Private residence for autonomous and semi-autonomous seniors

Agressive behaviour of the lessee

Physical and verbal abuse

Summary of the application

The lessor seeks:

  • resiliation of the lease
Outcome

The lease is resiliated.

Reasons

The lessee is agressive, has regular altercations with other residents, insults people and makes inappropriate and hurtful comments.

Some people forego eating in the cafeteria and participating in activities because of the lessee's actions.

This situation creates an abnormal increase in building management for the lessor who must constantly manage complaints and conflicts surrounding the lessee's conduct.

The lessee's "victims" need to feel protected in the residence, which is a special living environment.

Full judgment

8168091 Canada inc. (Résidences Soleil Manoir Plaza) c. Lechasseur (October 29, 2018)

 

Issue

Overcrowded dwelling

4 ½ dwelling occupied by 5 people (family comprises 2 adults and 3 children)

Disruptions in enjoyment caused by lessees (noise and improper use of parking area)

Summary of the application

The lessor seeks:

  • resiliation of the lease
Outcome

The lease is not resiliated.

Reasons

The total surface area of the living spaces of a dwelling must be at least 8.5 m2 per person who lives in it (art. 42 of the Montreal By-law concerning the sanitation, maintenance and safety of dwelling units (03-096)).

Missing information: total area of lessees' dwelling.

There is no evidence of constant, excessive and unreasonable noise.

Full judgment

9322-1836 Québec inc. c. Nganga (March 5, 2019)

 

Issue

The lessee smokes in the common areas of the building

Odour

Noise

Summary of the application

The lessor seeks:

  • resiliation of the lease
Outcome

The lease is resiliated.

Reasons

Article 2 (7) of the Tobacco Act states that smoking is prohibited in the common areas of residential buildings comprising six or more dwellings.

The lessee prevents other occupants of the building from enjoying the peaceful enjoyment of the premises:

  • causes strong, persistent and unpleasant cigarette smell in the building
  • allows cold air to enter the building in winter
  • hits the ramps and walls with her cane as she moves around
  • uses intimidation and insults
Full judgment

Immobilière Cap 21 inc. c. Depelteau (February 6, 2019)

 

Issue

The lessor lives on the ground floor of the building (duplex)

Harassment (art. 1902 C.C.Q.)

Summary of the application

The lessee seeks damages and punitive damages.

(the monthly rent is $565)

Outcome

The administrative judge awards the lessee:

  • $6,638 in damages
  • $2,500 in punitive damages
Reasons

The Tribunal has the power to punish harassment only if its purpose is to restrict the enjoyment of the premises or to obtain the lessee's departure.

The harassment of the lessee by the lessor manifests itself in several ways:

  • intolerance to noise
  • insults and intimidation
  • water interruptions
  • malicious actions
  • refusal to maintain her dwelling in a good state of repair
Full judgment

Ringuette c. Strunzinsky (February 4, 2019)

 

Issue

Divided co-ownership

Non-compliance with the declaration of co-ownership (animals prohibited)

Noise

Summary of the application

The syndicate of co-owners seeks the resiliation of the lease.

Outcome

The lease is resiliated.

Reasons

The syndicate is substituted for the lessor’s rights in accordance with article 1079 of the Civil Code of Québec.

Conjugal arguments are frequent and take place at night. This constitutes abnormal inconveniences that are beyond the limit of tolerance.

There are several prejudices:

  • loss of lessees
  • loss of peaceable enjoyment of the co ownership
  • management complicated due to complaints

The declaration of co-ownership prohibits the presence of animals.

The dog’s presence causes the syndicate serious prejudice: accumulation of excrements on the balcony, odours, frequent barking.

Full judgment

Syndicat Terrasse Chavoin c. Romain (June 21, 2018)

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.