Summaries of decisions

Pets

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

Lessees are in breach of the lease and by-laws of the building

They own a dog, while animals are prohibited

Summary of the application

The lessor seeks:

  • resiliation of the lease
Outcome

The administrative judge postpones the resiliation of the lease.

Lessees are ordered to dispose of their dogs within 60 days.

Reasons

The clause prohibiting the presence of animals is legal.

No tolerance on the part of the lessor.

Lack of specific and comprehensive medical evidence allowing lessee to keep their dogs for pet therapy purposes.

It is inappropriate to distinguish between the type of animal or its temperament (small dog or hound).

Full judgment

Habitations des Rivières de l’Outaouais c. Aragon (November 19, 2018)

 

Issue

Lessees is in breach of the lease and the building by-law

She has a rabbit, even though animals are prohibited

Summary of the application

The lessor seeks:

  • resiliation of the lease
Outcome

The lessee is ordered to dispose of her rabbit within 30 days.

Reasons

No evidence that the lessor generally tolerates the presence of animals in the building.

Lack of specific and comprehensive medical evidence allowing lessee to keep her rabbit for pet therapy purposes.

To conclude that a case of pet therapy exists, it is necessary to go beyond demonstrating the benefits that the presence of a pet provides to an individual, whether they are sick or not.

In the context of the analysis of the defence of pet therapy, it is inappropriate to make a distinction or apply a favourable or unfavourable bias, depending on the type of animal or its temperament.

Full judgment

Office municipal d'habitation de Salaberry-de-Valleyfield c. Berniqué* (April 4, 2019)

* Application for leave to appeal allowed (Q.C., 2019-06-21) 760-80-003211-191)

 

Issue

The lessee is in breach of the clause in the lease prohibiting the keeping of animals.

On February 14, 2008, the Régie du logement recognized the validity of this clause but suspended its application, given the lessee’s specific condition.

Following the death of his two dogs, the lessee adopted a new one.

The lessor argues that this fact constitutes a change in the situation that existed when the Régie rendered its decision.

Summary of the application

The lessor applies for:

  • an order for the lessee to comply with the clause prohibiting the keeping of animals
Outcome

The lessor’s proceeding is dismissed.

Reasons

The lessor did not justify how the dog’s identity is a determining factor in the application of the pet therapy defence.

An individual’s specific needs must be considered, not the identity of the animal.

The first decision of the Régie must be followed as long as the lessee’s condition and circumstances remain the same.

Full judgment

Bilodeau en sa qualité de fiduciaire (Fiducie André Bilodeau) c. Chabot* (March 7, 2019)

* Application to appeal allowed

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.