2019 QCCA 1175, 2019 QCCA 1175

John c. Société d'habitation et de développement de Montréal 2019 QCCA 1175 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028342-194 (500-02-234532-195) DATE: July 3, 2019 BEFORE THE HONOURABLE MARK SCHRAGER, J.A. CORNELIUS JOHN PETITIONER – Defendant v.

SOCIÉTÉ D’HABITATION ET DE DÉVELOPPEMENT DE MONTRÉAL RESPONDENT - Plaintiff JUDGMENT [ 1 ] The Applicant seeks leave to appeal the judgment rendered on May 14, 2019 by the Court of Quebec, District of Montreal (the Honourable Diane Quenneville), which dismissed his motion by way of opposition and contestation of his eviction from his residence. [ 2 ] The Applicant lives in a subsidized apartment.

Given his failure to pay rent, the Respondent instituted proceedings before the Régie du logement (“Rental Board”), which condemned Applicant to pay the arrears and resiliated the lease. [ 3 ] Rather than seeking compulsory execution of the decision of the Rental Board, the Respondent entered into an agreement providing for a

schedule of payments for the Applicant to make good on the arrears, which the Applicant failed to do.

Accordingly, the Respondent sought his eviction which he then opposed; thus, the judgment of the Court of Quebec. [ 4 ] The Court of Quebec did not accept the Applicant’s argument that, by entering into the aforesaid agreement and accepting some payments of arrears and new rental, the Respondent renounced to the judgment of the Rental Board. [ 5 ] As the judge points out, the agreement states clearly that the decision of the Rental Board is “suspended” and the Respondent does not renounce to compulsory execution of the decision of the Rental Board. [ 6 ] The judge goes on to review the jurisprudence of the Court of Quebec invoked by each of the parties.

It appears from the judgment that the decisions finding for or against renunciation in comparable circumstances are fact driven. Accordingly, the principle which the Applicant seeks to distill or the alleged contradictory jurisprudence he points to is really no more than judges deciding cases and interpreting agreements based on factual circumstances. Leave was granted by a judge of the Court in a similar case in Coopérative d'habitation du Jardin c. Dubreuil , 2013 QCCA 126 , but the appeal was abandoned.

In any event and even if the undersigned was bound by such decision, the wording of the agreement is not referred to in the judgment granting leave and it appears that a new lease was signed. In the case at bar, the wording referred to above is clearly an obstacle to the Applicant’s argument. [ 7 ] Contrary to Applicant’s argument, the public order principle of the maintenance of a tenant in residential premises is not in issue as Applicant’s lease was resiliated by the Rental Board. The possibility of granting further time before evicting the tenant is specifically foreseen by the text of

Article 692 C.C.P. [ 8 ] The effect of Applicant’s thesis is that in granting indulgence, the Respondent necessarily consents to a new lease. Such a result can only incite Applicant not to grant any accommodation once resiliation and eviction are ordered. This is not a desirable outcome. [ 9 ] Consequently, the Applicant has failed to demonstrate that the judgment raises any issue that should be submitted to this Court, so that leave to appeal pursuant to

article 30 C.C.P. , should not be granted. Moreover, the interest of justice (Article 18 C.C.P. ) militates against the granting of leave. FOR THESE REASONS, THE UNDERSIGNED: [ 10 ] DISMISSES the Application for leave to appeal (“Requête pour permission d’appeler d’un jugement mettant fin à l’instance et pour ordonnance de sursis d’exécution”) the judgment of the Court of Quebec, District of Montreal (the Honourable Diane Quenneville) of May 14, 2019, with legal costs.

MARK SCHRAGER, J.A. Mtre Stéphane Proulx SERVICES JURIDIQUES COMMUNAUTAIRE DE POINTE-SAINT-CHARLES ET PETITE BOURGOGNE For Petitioner Mtre Simon Jolicoeur SOCIÉTÉ D’HABITATION ET DÉVELOPPEMENT DE MONTRÉAL For Respondent Date of hearing: July 2, 2019