Summaries of decisions

COVID-19

The Tribunal 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 an administrative 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

Access to the dwelling

Condition of the premises
Summary of the application

The lessor applies for:

  • authorization to have access to the lessee’s dwelling
  • a copy of the lease
Outcome

The parties came to an agreement.
Reasons

The lessee cannot deny the lessor access to her dwelling to verify its condition on the ground that she fears the possible consequences of COVID-19, but the lessor must respect the following rules: wash his hands (or disinfect them) before entering the dwelling, wear gloves and a mask, and comply with the rules of social distancing of 2 metres.
Full judgment

Héon c. Delmaire (June 11, 2020)

 

Issue

Comings and goings in the dwelling

Social distancing

Non-compliance with the directives
Summary of the application

The lessor applies for resiliation of the lease.
Outcome

The lease is resiliated.
Reasons

In failing to comply with the health rules ordered by the authorities to reduce the spread of COVID-19, the lessee and his visitors compromised the health and safety of the lessor.

These exceptional circumstances justify the resiliation of the lease, notwithstanding the Ministerial Order Concerning the ordering of measures to protect the health of the population during the COVID-19 pandemic situation, adopted on March 17, 2020.
Full judgment

Testa c. Leblanc (June 16, 2020)

 

Issue

Services provided to lessees

Superior force

Refusal to take possession of leased premises
Summary of the application

The lessor applies for:

  • $25,866 in rent recovery

The lessees apply for:

  • resiliation of the lease
  • $2,957 in reimbursement of rent
  • $1,000 in moral damages
  • $1,500 in legal costs

(monthly rent is $2,957)
Outcome

The Tribunal:

  • resiliates the lease
  • orders the reimbursement of the rent paid of $2,957
Reasons

On the date of delivery of the dwelling located in a prestigious complex, the lessees were unable to benefit from most of the services mentioned in the lease due to superior force constituted by the COVID-19 pandemic.

In refusing to take possession of the dwelling, they did not act in bad faith. The pandemic, according to the governmental orders in council and orders made, would have confined them in a dwelling where they would have been unable to benefit from the anticipated services.

The lessor is therefore released from its obligation to deliver the dwelling and the lessees are authorized to apply for resiliation of the lease.
Full judgment

Boisé Notre-Dame c. Monté (February 17, 2021)

 

Issue

Services offered to lessees

Superior force

Rent reduction
Summary of the application

The lessee applies for:

  • a monthly rent reduction of $200

(monthly rent is $1,865)
Outcome

The Tribunal awards:

  • a monthly rent reduction of $150, for a total of $900
Reasons

The dwelling is located in a prestigious building, which includes the following services: an indoor pool with locker rooms and showers, a gym with machines and a training room, a rooftop terrace with a barbecue, and a billiards room.

The lessor was forced to close access to common areas due to the government orders and the lockdown imposed by the COVID-19 pandemic.

Since the pandemic must be treated as a case of superior force, the lessee may be exempted from paying the portion of the rent corresponding to the services from which he could not benefit.
Full judgment

Bigeault c. 9891200 Canada inc. (March 17, 2021)

 

Issue

Private seniors' residence

Services offered

Superior force
Summary of the application

The lessee applied for:

  • $9,500 in rent reduction

(monthly rent is $2,191)
Outcome

The Tribunal awarded the lessee:

  • $3,600 in rent reduction
Reasons

The lessor’s obligation to provide peaceful enjoyment of the leased property is characterized as an “obligation of result”. The only way to be relieved from this responsibility is to prove that the prejudice was caused by superior force.

The interruption of recreation services because of the COVID-19 pandemic constitutes superior force. Nevertheless, the lessee is entitled to restitution of part of the rent paid during this period.

The lessee is entitled to a rent reduction of $150 a month.
Full judgment

Lacroix c. Résidence Le Jules Verne (October 21, 2021)

 

Issue

Access to dwelling

Lessee's refusal

COVID-19 – unvaccinated person
Summary of the application

The lessor applies for:

  • an order directing the lessee to provide access to his dwelling so that work can be carried out
  • the resiliation of the lease
Outcome

The Tribunal:

  • orders the lessee to provide access to the dwelling
Reasons

The lessee cannot refuse access to the person designated by the lessor to carry out the work because that person is not vaccinated against COVID-19.

First, this would hinder the lessor's management right. Second, the vaccination of citizens, although recommended by public health authorities, is not mandatory.

However, the lessor has not established that the lessee's behaviour had caused her serious injury justifying the resiliation of the lease.
Full judgment

Chartrand c. Côté Lemire (January 19, 2022)

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. Tribunal administratif du logement), and enter French key words such as “bruit” (noise), “moisissure” (mould), “zoothérapie” (animal therapy), “résiliation” (resiliation), “expulsion” (eviction), etc.

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