2017 QCCQ 12081, 2017 QCCQ 12081

Nwabue c. Mc Gill University 2017 QCCQ 12081 COURT OF QUEBEC Administrative and Appellate Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-80-035878-173 500-02-224849-179 DATE: October 20, 2017 ______________________________________________________________________ BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. ______________________________________________________________________ ROGERS NWABUE Applicant v.

MC GILL UNIVERSITY Respondent JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of two Applications by the Applicant Rogers Nwabue. An Application for Leave to Appeal of the September 13, 2017 Decision of the Régie du Logement (the Régie ), dismissing his Application in Revocation of Judgment rendered by the Régie, Administrative Judge Jean Gauthier. [ 2 ] The second Application by the Applicant requests a stay of the execution of the June 2, 2017 Decision by the Régie, Administrative Judge Sophie Alain, in Resolution of Lease and Eviction of the Applicant.

THE CHRONOLOGY OF THE PROCEEDINGS [ 3 ] As of January 2016, the Applicant undertook doctorate studies with the Respondent McGill University. [ 4 ] The Applicant received a grant used in part to pay the monthly rent for the dwelling he occupied, owned by the Respondent, for student housing. No written lease was signed between the parties. [ 5 ] As of May 2016, the Applicant’s grant was withdrawn.

Although Applicant continued occupying the dwelling, which he still occupies to this date, he ceased paying rent as of October 2016. [ 6 ] Consequently, in February 2017, the Respondent filed an Application before the Régie requesting the Resolution of the Lease and the Eviction of the Applicant. [ 7 ] Shortly thereafter, the Applicant instituted proceedings before the Superior Court seeking the issuance of a Safeguard Order and Interlocutory and Permanent Injunctions [1] . [ 8 ] By these proceedings, the Applicant was requesting that the Respondent readmits him to the graduate studies, provides him with funding and gives him access to the university facilities. [ 9 ] On March 31, 2017, the Safeguard Order and Provisional Injunction were dismissed. [2] [ 10 ] The Application of Respondent proceeded before the Régie on May 23, 2017, before Administrative Judge Sophie Alain, who, on June 2, 2017, dismissed the Applicant’s suspension of the proceedings and granted Respondent’s Application in Revocation of the Lease and in Expulsion of the Applicant from the dwelling, within 11 days and ordering the Provisional Execution of the Decision, notwithstanding an appeal [3] . [ 11 ] On June 12, 2017, the Applicant filed an Application in Revocation of the Alain decision [4] alleging fraud, fabrications and misrepresentations by the Respondent at the May 23, 2017 hearing and that the Respondent had hidden exhibits from Administrative Judge Alain. [ 12 ] This matter proceeded on July 10, 2017 and on July 24, 2017.

Administrative Judge Manon Talbot dismissed Applicant’s Application in Revocation of Judgment, on the grounds that it was not the appropriate recourse, as the Application was not a revocation but an appeal. [5] [ 13 ] On August 4, 2017, the Applicant filed a second Application in Revocation of Judgment [6] of Administrative Judge Talbot’s Decision, but indirectly of Administrative Judge Alain’s Decision. [ 14 ] Summarily, the Applicant, in referring to the proceedings instituted before the Superior Court, argued that the Régie lacked

jurisdiction, that Administrative Judge Alain relied on fraudulent evidence, that both prior decisions had omitted to adjudicate on certain issues raised, that Administrative Judge Alain was biased, that the Applicant’s rights were violated and that the Respondent’s Application before the Régie was a special kind of fraud . [ 15 ] The matter proceeded before Administrative Judge Jean Gauthier on August 31, 2017 and on September 13, 2017 he rendered his decision [7] dismissing the Application, on the grounds that the same arguments had been raised before Administrative Judge Talbot.

Moreover, Administrative Judge Gauthier declared that the Applicant was prohibited from filing any other Application without the prior authorization of the Chairman of the Régie. [ 16 ] He again reminded the Applicant that the Court has systematically concluded that the revocation of judgment is an exceptional procedure and that

Article 89 of the

Loi sur la Régie du lodgement ( LRL ) cannot be substituted for an appeal. THE ANALYSIS [ 17 ] Leave to Appeal before this Court is governed by

Article 91 LRL [8] which provides that leave is granted when the matter at issue is one which ought to be submitted to the Court of Québec . [ 18 ] An abundant case law has determined that the Applicant must show that the question is serious, new and of general interest. He must show an apparent error in the decision. The appeal is not a second opportunity given to the Applicant to present his arguments. [ 19 ] The Court can, without hesitation, conclude that none of the grounds raised in the Applicant’s Leave to Appeal falls within the criteria set out in

Article 89 LRL, dealing with Revocation of Judgment. [ 20 ] In his Application for Leave to Appeal, the Applicant raises several issues, some of which were raised for the first time before Administrative Judge Gauthier.

In fact, as already stated by the latter and Administrative Judge Talbot, the Applicant should have applied for Leave to Appeal of Administrative Judge Alain’s decision instead of presenting two Applications in Revocation of Judgment . [ 21 ] The Court concludes that the Appellant’s Application is frivolous and abusive and is used as a means to continue occupying the dwelling without paying rent, which has caused and continue to cause a serious prejudice to the Respondent. [ 22 ] Considering the conclusion at which the Court arrives on the Application for Leave to Appeal, there is no justification to stay the execution of the judgment rendered on June 2, 2017 by Administrative Judge Sophie Alain.

FOR THESE REASONS, THE COURT: DISMISSES the Application for Leave to Appeal of Applicant Rogers Nwabue; DISMISSES the Application for Stay of the Execution of Judgment of Applicant Rogers Nwabue; AFFIRMS the Judgment rendered on June 2, 2017 by Administrative Judge Sophie Alain; AFFIRMS the Judgment rendered on July, 4 2017 of Administrative Judge Manon Talbot; AFFIRMS the Judgment of September 13, 2017 of Administrative Judge Jean Gauthier; ORDERS the immediate execution of the Judgment rendered on June 2, 2017 by Administrative Judge Sophie Alain, notwithstanding the appeal or the contestation of the present Judgment; WITH COST. __________________________________ DIANE QUENNEVILLE, J.C.Q.

Date of hearing: October 18, 2017