Summaries of decisions

Proceedings before the Régie du logement

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

Repossession of dwelling in bad faith by the lessor

The lessee is seekings $16,287 in damages

Summary of the application

The lessor files an application to dismiss.

Outcome

The lessee's application is inadmissible.

Reasons

The application, which constitutes a recovery of a small claim, was made by a lawyer.

Contravention of art. 73 of the Act respecting the Régie du logement.

Inability to remedy the situation.

Full judgment

Savard c. Beaudry (November 30, 2018)

 

Issue

The lessor's proceeding is abusive

Its purpose is to avoid the execution of a decision of the Régie du logement by which he was ordered to pay the amount of $4,000

Harassment of the lessor

Loss of use of a shed

Summary of the application

The lessee seeks:

  • $2,000 for abuse of procedure
  • $4,000 in punitive damages for harassment
  • $3,000 in moral damages
  • $100 per month in rent reduction

The lessor seeks:

  • $3,650 in rent recovery
  • $640 for property damages
  • $26,000 in damages
Outcome

The administrative judge awards the lessee:

  • $3,000 in punitive damages
  • $2,000 in moral damages

The lessor's proceeding is dismissed.

Reasons

The lessor's allegations are not based on any legal basis or probative fact.

Filing a legal claim should not be taken lightly and should not be used as a tool for baseless resiliation.

The Régie du logement has no jurisdiction to sanction abusive proceedings.

The lessor used the letters he sent to the lessee and his proceeding to harass the lessee to get him to leave the dwelling.

Full judgment

Tang c. Bouti (November 7, 2018)

 

Issue

Lack of impartiality on the part of the administrative judge

Summary of the application

The lessor is appealing a decision rendered by the Régie du logement.

Outcome

The Administrative and Appeal Division of the Court of Québec refused to intervene.

Reasons

Lack of an official application for recusation of the judge according to the procedure set out in the Rules of procedure of the Régie du logement.

The ground for recusation invoked orally by the lessor, namely the lack of impartiality arising from the fact that the administrative judge was already seized of a similar case involving the parties, is not one of the grounds listed in arts. 64 and 65 of the Act respecting the Régie du logement.

The lessor has not shown that the absence of recusation of the judge at the earliest opportunity affected her impartiality or brought the administration of the justice into disrepute.

Full judgment

Poirier-Pelletier c. Fortin (March 13, 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.