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 and/or iots 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)

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.