The Montreal SPCA wishes to intervene in a dispute between Mr. Desjardins, who lives in an apartment in the Plateau-Mont-Royal with her dog Paul and her cat Baby, and her owner. In this case, the decision of the Administrative Housing Tribunal (TAL) could set a precedent in housing.
Normally, the SPCA does not intervene in disputes between landlords and tenants. The organization chose to intervene in this case because the judge expressly asked Ms. Desjardins’s lawyer to rule on the validity of the clauses prohibiting pets, Ms.e Sophie Gaillard, Director of Animal Advocacy and Legal and Government Affairs at the Montreal SPCA.
A TAL judge who wishes to hear arguments on this issue represents “a rather unique opportunity to make our point of view heard”, adds Ms.e Guy.
The question of whether the organization will be able to intervene in the case will be debated at the next hearing involving the two other parties, the date of which has not yet been set.
A fight for all
Ms. Desjardins indicates that she has lived in the same apartment for a dozen years. A clause prohibiting pets is included in his lease, but a verbal agreement with his former owner allowed him to live with his animal companions. Her baby cat, is 15 years old. Her dog Paul, a Chinese Crested, joined them two and a half years ago.
PHOTO PROVIDED BY M DESJARDINS
The two companions of M Desjardins, Baby the cat and Paul the dog
In a telephone interview, M mentions that the building was recently acquired by a new owner, who canceled the verbal agreement.
The latter then filed an application for an order to force M to dispose of his pets. Earlier this year, the petition was amended to become an eviction request.
According to M’s lawyer, Kimmyanne Brown, “the animals, the plants on the balcony, everything seems to pose a problem for the owner”, who would try, according to her, to obtain M’s departure by any means possible. “It is time that we debate these clauses, which are used for many things by the owners”, adds Me Brown.
Ms. Desjardins is delighted that the SPCA is involved in her litigation. “I find it extraordinary. It’s difficult to find accommodation at a reasonable price, even more so when you have animals. We often find reasons for refusing us accommodation, so it is important to prove the illegality of the clauses prohibiting animals. »
PHOTO PROVIDED BY M DESJARDINS
M Desjardins’s cat, Baby, 15 years old
At the time of publishing this text, the owner’s lawyer had still not called The Press.
SPCA grounds
The SPCA joins the proceedings as a third party, but its speech echoes that of Mr. Desjardins. According to M.e Gaillard, the SPCA considers clauses prohibiting pets “abusive, unreasonable and contrary to certain fundamental rights provided for in the Charter of Human Rights and Freedoms”.
Still according to Me Gaillard, moving is one of the main causes of abandonment of animals in Quebec, and the current state of the housing market aggravates the situation. Currently, “more than one animal per day is abandoned for this reason at the Montreal SPCA,” she says. Under the current rules, people are often forced to choose between their accommodation and their animals.
This approach is part of a movement that has been gaining momentum over the past ten years. On May 25, Québec solidaire tabled a bill with the help of the SPCA, which would allow pets in all dwellings.
Currently, landlords are able to put no-pet clauses or certain limitations (such as no dogs) in leases. The steps taken by Québec solidaire and the SPCA aim to prohibit this type of clause.