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)

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.