Summaries of decisions

Handicap

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

Disabled lessee

Access to the dwelling

Use of a wheelchair
Summary of the application

The lessee requests specific performance of the lessor’s obligations.
Outcome

The lessee’s application is granted in part.
Reasons

The lessee, who uses a wheelchair, is deprived of access adapted to her condition.

The lessor is ordered to fulfill the obligation to provide peaceful enjoyment of the leased property by ensuring that the access ramp is kept clear at all times, installing bollards to prevent a vehicle from encroaching on the sidewalk, and taking appropriate precautions so that access points are always cleared of snow.
Full judgment

Roth c. Office d’habitation de l’Outaouais-OHO (April 15, 2024)

 

Issue

Modification of a lease condition

Disabled lessee

Access to adapted parking
Summary of the application

The lessees request an order that the lessor respect the lease and maintain the exclusive parking spaces necessary due to one the lessee’s medical condition.
Outcome

The Tribunal orders the lessor to comply with the lease by assigning exclusively to the lessees two indoor parking spaces numbered 109 and 110 and by installing disabled parking signs.
Reasons

The lessor unilaterally and without right modified the lease, as this aspect had not been the subject of a formal application to modify a lease condition before the Tribunal.

Moreover, the parking spaces are necessary due to the lessee’s handicap.
Full judgment

Howell c. Goda (October 16, 2024)

 

Issue

Repossession of dwelling

Disabled lessor

Need to occupy the dwelling
Summary of the application

The lessor seeks repossession of the dwelling to live in it due to her physical disability.
Outcome

The Tribunal authorizes the repossession but orders the lessor to pay $3,000 to cover the lessee’s moving, reconnection, and change of address costs.
Reasons

The Tribunal assesses the real and serious need for repossession.

Since her accident, the 72-year-old lessor has been living with functional limitations that permanently affect her mobility.

The obligation to go up and down the interior staircase leading to her current dwelling represents a risk to her safety and an obstacle to the full enjoyment of her property.

The Tribunal considers that the lessor has demonstrated, on a balance of probabilities, that she has a genuine need to live in the ground-floor dwelling of her building.
Full judgment

Bélair c. Hill (October 21, 2024)

 

Issue

Medical cannabis use

Peaceable enjoyment of the dwelling

Harassment
Summary of the application

The lessee requests:

  • an order compelling the lessor to respect the lease
  • permission to consume medical cannabis in his dwelling
  • punitive damages for harassment
  • provisional execution of the decision
Outcome

The application is granted in part.
Reasons

The Tribunal recognizes that the consumption of cannabis is linked to the lessee’s handicap.

The lessee benefits from a right to accommodation under the Charter of human rights and freedoms, since it is necessary for him, in order to mitigate his handicap, to smoke an amount prescribed by a health professional and recorded in a medical certificate.

The Tribunal furthermore awards $5,000 in punitive damages due to the lessor’s conduct, considered hostile and reprehensible in the circumstances.

Provisional execution of the decision is refused, as this request does not meet the criteria of section 82.1 of the Act respecting the Administrative Housing Tribunal.
Full judgment

Rizkallah c. Akelius Montréal Ltd. (November 6, 2024)

 

Issue

Termination of lease during its term due to a handicap

Qualification of a diagnosis

Ability to occupy the dwelling
Summary of the application

The lessors claim various costs following the lessee’s departure. They argue that the lessee left the dwelling without right.

The lessee maintains that she terminated the lease prematurely due to a handicap in accordance with section 1974 of the Civil Code of Québec.
Outcome

The Tribunal finds that the lease was terminated, but through the lessee’s fault.

She is ordered to pay the lessors the sum of $2,565.54.
Reasons

The Tribunal recalls that termination of a lease for handicap requires a clear, precise, and sufficient medical certificate demonstrating the impossibility of occupying the dwelling.

In this case, the lessee’s physician’s certificate does not contain any precise diagnosis allowing the situation to be characterized as a handicap preventing her from occupying her dwelling.
Full judgment

Kim c. McGee (November 6, 2024)

 

Issue

Application of a clause prohibiting animals

Lessee’s daughter’s handicap

Therapeutic need for an animal
Summary of the application

The lessor applies for:

  • removal of the cat from the dwelling
  • termination of lease
  • the eviction of the lessee and all occupants
  • provisional execution of the decision despite appeal and costs
Outcome

The lessor’s application is entirely dismissed.
Reasons

Regarding the application for lease termination, proof of serious prejudice to the lessor is required. However, the evidence presented in this case does not establish that the dwelling was damaged through the lessee’s fault.

The mere presence of one instance of cat vomit and one instance of cat feces on the floor, visible in the images submitted to the Tribunal, does not constitute a situation that could be characterized as serious prejudice.

With respect to the application for the removal of the cat, the Tribunal finds that the lessee presented substantial medical evidence establishing the usefulness of the cat within her daughter’s therapeutic care strategies. There is a considerable risk to her mental health if she were separated from the animal.

Consequently, the clause prohibiting animals is deemed abusive in her regard and cannot be enforced against her.
Full judgment

Darsigny c. Tétreault (November 6, 2025)

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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