The family of a 77-year-old Quebec woman who was illegally evicted from her Estrie home is calling on Quebec to further protect its tenants after winning in court against a young owner who must pay her $20,000.
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“It was a big upheaval for mom. She had lived in his house for more than 20 years and he had no right to evict her in this way,” sighs Sylvain Simard in an interview with Le Journal.
Photo provided by Sylvain Simard
Sylvain Simard (left), Bernadette Gatien's son, supported his mother after her expulsion. Stéphane Simard (right), who had just been hospitalized for leukemia at the time of his mother's eviction.
Her mother, Bernadette Gatien, was forced to sign a document in September 2022 that forced her to leave her Sherbrooke home the following month. She had just learned that her son was hospitalized for leukemia.
The 25-year-old owner Olivier Jacques, from the village of La Guadeloupe in the Chaudière-Appalaches region, even sent two men to “force” the septuagenarian to leave their building.
Photo from Olivier Jacques' LinkedIn
Portrait of Olivier Jacques, the owner ordered to pay $20,000 to his 77-year-old tenant who was evicted in bad faith.
“The damage caused to the tenant is significant. She has to find a new apartment quickly, in the middle of a housing crisis, with a modest income, even though one of her sons is sick. “The seriousness of the actions caused by the landlord is compounded by the vulnerability of the tenant,” regrets Judge Mélanie Marois in a recent decision before the Administrative Housing Tribunal (TAL).
“We have the weapons for that”
Sylvain Simard quickly came to his side during this surprise visit. He tried to argue with the two strangers at his mother's house who refused to identify themselves. In the TAL verdict, the son also says that he asked the men what Bernadette Gatien could do if she refused to leave her apartment.
“They answer him: “We have the weapons for that.” […] By obtaining the tenant's departure in this way, Olivier Jacques is acting in bad faith and violating the law and the tenant's rights,” notes the honorable Mélanie Marois.
Google screenshot
The building on Rue Larocque in Sherbrooke where Bernadette Gatien lived for more than 20 years.
The latter recalls that Quebec law prohibits property owners from evicting tenants aged 70 and over if they have lived in the property for more than ten years and have a low income.
“Failure to inform them of their rights prevents them from effectively consenting to their eviction. […] He deprives her of her home and intentionally violates her rights to make his building profitable. “If this goal is not bad in itself, it is the way to achieve it,” complains the judge.
$20,000 fine
Mr. Simard therefore decided to support his mother and pursue Olivier Jacques. He sought $20,000 in damages for bad faith eviction.
Note that Mr. Jacques, who bought the building where Bernadette Gatien lived in 2022, did not even appear at the hearing where he was convicted.
Photo from Annie Arguin's Facebook profile
Portrait of Olivier Jacques, who was found guilty in court of 'violating' the rights of his tenant in Sherbrooke.
“The court considers the requested sum of $20,000 to be appropriate. Landlords must understand that ignoring tenants’ rights is not a profitable decision,” the judge concludes.
Urgency to act
In an interview with Le Journal, Sylvain Simard hopes his mother's case will convince the Quebec government to strengthen tenants' rights.
“Everything that is happening with Bill 31 is worrying, but I am convinced that we will find a solution to better protect tenants and their rent in the future. Otherwise, we will remain pretty destitute or perhaps even on the streets,” says he.
Olivier Jacques, who describes himself on LinkedIn as a real estate investor and funeral director at Jacques et Frères Inc., did not respond to our interview requests.
To read the Administrative Housing Tribunal's full judgment, click here:
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