Summaries of decisions

Seniors

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

Leave to appeal

Repossession of the leased premise as a residence for her daughter (informal caregiver)

Senior
Summary of the application

The lessor applies for:

  • leave to appeal from the decision of the Tribunal administratif du logement dismissing her application for repossession of the dwelling

The lessee applies for:

  • a declaration of abuse
Outcome

Leave to appeal dismissed.

The Court of Québec, Administrative and Appeal Division, does not have jurisdiction at the leave to appeal stage to rule on the lessee’s application for a declaration of abuse.
Reasons

The lessor, who is 93 years old, lives in one of the three dwellings in the immovable she owns.

The mere fact that she is a senior and is protected under section 48 of the Charter of human rights and freedoms does not mean that she has the right to repossess a dwelling at any time and in any circumstances.

The administrative judge dismissed the lessor’s application, invoking numerous reasons based, in particular on her and her daughter’s dubious credibility, not to mention the non-credible and non-permanent nature of her plan to repossess the dwelling occupied by the lessee.
Full judgment

Manolakos c. Mavrakis (February 12, 2024)

* Corrected on February 16, 2024

 

Issue

Private seniors’ residence

Harassment

Intimidation

Eviction threats

Violation of fundamental rights
Summary of the application

The lessee applies for:

  • $15,000 in moral damages
  • $25,000 in punitive damages

(monthly rent of $2,591)
Outcome

The Tribunal:

  • awards the lessee $5,000 in moral damages
  • condemns the lessor to pay the lessee $12,000 in punitive damages
  • issues an order pertaining to the lessee’s right to welcome visitors of his choosing to his dwelling
Reasons

The lessor, who manages a private seniors’ residence, harassed an 82-year-old lessee whose mission was to determine if other lessees were interested in claiming a reduction of rent for unrendered services during the COVID-19 pandemic.

During his volunteer activities, the lessee approached the other residents with courtesy, fairness, and understanding, and respected their dignity, autonomy, and needs, in accordance with the home’s code of ethics.

Handing out invitations to an information session does not constitute a lessee’s failure to comply with the lease, the immovable’s rules, or the code of ethics.

These activities are not considered solicitation.

By trying to prohibit the lessee from inviting other residents to information sessions, the lessor not only harassed him but also violated section 3 of the Charter of human rights and freedoms by infringing his freedom of expression, freedom of peaceful assembly, and freedom of association.

The goal of the harassment in question was to act as a gag order.

The lessor did other things to encourage the lessee to leave his dwelling. In particular, it did not process his rent on the deadline indicated in his lease and prohibited one of his friends from accessing the premise.
Full judgment

Rochon c. Résidences Soleil Manoir Brossard (March 7, 2024)

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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