The question of whether tenants will be able to challenge a landlord’s ban on keeping one or more pets in their apartment is now before the Court of Quebec.
The recent decision by Judge Suzanne Guèvremont of the Tribunal administratif du logement (TAL), in which she overturned a landlord’s ban on his tenant keeping pets, is the subject of an appeal filed by the landlord.
Judge Scott Hughes of the Court of Quebec heard the parties involved in the case on Thursday and reserved his decision on whether to allow the appeal to proceed on its merits. However, the numerous questions the judge posed to the parties suggest he will likely allow the appeal.
The no-pet clause violates the Quebec Charter of Rights and Freedoms, according to a ruling by the Tribunal administratif du logement (TAL).
New legal issue
The fact is that the TAL’s decision has opened a can of worms, raising two new questions, explains Montreal SPCA attorney Marie-Claude St-Amant, Esq.
“The truly new issue, in fact, is whether or not a clause like the one in Melissa Desjardins’ (the tenant involved) lease that prohibits pets infringes on privacy because this has never been addressed in case law.
“The second point is that this must be considered in light of the provision recognizing that animals are sentient beings. Our argument is that they are family members, and that must be taken into consideration because previously, they were considered mere objects. But now, we recognize that they are sentient beings, and therefore full-fledged family members. And that is a new issue that may be of interest to the Court of Quebec.”
Arguing on behalf of the landlord, the property management company Amillis, attorney Damarys Pineda notably argued that the manner in which Guèvremont drafted her decision amounts to invalidating the no-pet clause, which would therefore apply to all leases in Quebec.
She therefore maintains that the judge could not have made such a decision without going through the legislature, in this case, the Attorney General of Quebec.
A decision with precedential value
St-Amant says that no, Guèvremont “truly applied the decision to Melissa Desjardins’s case. (…) It can certainly serve as a precedent, but that doesn’t mean the decision applies to all leases in Quebec. That’s the difference, but it can be a precedent that is applied. Obviously, if we go before the Court of Quebec, it will become a precedent that the courts—including the Administrative Housing Tribunal—will have to rely on.”
This case could very well be appealed all the way to the Supreme Court, but that is not what the SPCA wants, as it must constantly take in all the animals entrusted to it by tenants who cannot find housing willing to accommodate their pets.
Legislature intervention
As explained by the Montreal SPCA’s director of legal affairs, Sophie Gaillard, Esq., there is another solution that would apply to everyone: “There is a very simple way to resolve the situation: legislate (to prevent landlords from banning pets), as other jurisdictions around the world have already done and as Québec solidaire proposed in 2023. And we are still waiting for the government and political parties to take a clear stance on this issue.”
The latest data from the SPCA shows that 87 per cent of housing units in Quebec prohibit pets or impose strict conditions regarding pet ownership. “It has become virtually impossible to find housing with a pet in Quebec, and this is happening in the midst of a housing crisis, even though more than one in two households now has a cat or a dog,” said Gaillard.
In response to the argument frequently raised by landlords regarding potential nuisances caused by pets, she counters that there is already a very robust legal framework in place to protect them.
“We currently have strong protections in place under the Civil Code of Quebec that protect landlords, ensuring that tenants who cause damage are liable, must compensate, and must keep the dwelling in good condition. In addition to all these protections, there are municipal regulations in effect throughout Quebec that limit the number of animals one can have in a dwelling, the type of animal one can have, and that also govern sanitation, nuisances, and disturbances that may potentially be caused.”
The well-being of others
Pineda argued, however, that the Charter of Rights also protects the right to life, health, and safety of other tenants in a building, who may be afraid of an animal, have allergies, or simply do not want to be disturbed by noise. She criticized Guèvremont for remaining silent on these issues.
The Animal Welfare Act, invoked by the judge, protects the welfare of animals and not that of humans, noted Pineda, who also pointed out that the legislature has allowed landlords to prohibit the use of cannabis in their properties, despite legalization and the right to privacy.
Justice Hughes did not set a date for when she will decide whether the Court of Quebec will hear the appeal.
–This report by La Presse Canadienne was translated by CityNews
