The Montreal SPCA wants to intervene in a dispute between Mr Desjardins, who lives in an apartment in Plateau-Mont-Royal with her dog Paul and cat Baby, and her owner. If so, the Administrative Housing Tribunal’s (TAL) decision could set a housing precedent.
Posted yesterday at 8:13pm.
Normally, the SPCA does not intervene in disputes between landlords and tenants. The organization decided to intervene in this case because the judge specifically asked Ms Desjardins’ lawyer to rule on the validity of the pet-ban clauses, says Me Sophie Gaillard, director of animal welfare, legal and government affairs at the Me Montreal SPCA.
A TAL judge who wants to hear the arguments on this issue “represents a pretty unique opportunity to get our point across,” adds Me Gaillard.
The question of whether the organization can intervene in the case will be discussed at the next hearing of the other two parties, the date of which has not yet been set.
A fight for everyone
Ms Desjardins says she has lived in the same apartment for a dozen years. His lease includes a clause prohibiting pets, but a verbal agreement with his previous owner allowed him to live with his animal companions. Your little cat is 15 years old. Their dog Paul, a Chinese Crested, came to them two and a half years ago.
PHOTO SUPPLIED BY M DESJARDINS
M Desjardins’ two companions, 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.
He then applied for an order to force M to get rid of his pets. Earlier this year, the petition was turned into an eviction notice.
According to Kimmyanne Brown, M’s attorney, “the animals, the plants on the balcony, everything seems to be a problem for the owner,” who she said would try by any means necessary to secure M’s departure. “It’s about time we discussed these clauses, which are used by owners for a lot of things,” adds Me Brown.
Ms. Desjardins is pleased to have the SPCA involved in her litigation. “I find it extraordinary. It is difficult to find accommodation at a reasonable price, especially when you have animals. As we often find reasons to refuse accommodation, it is important to demonstrate the illegality of the no-animal clauses. »
PHOTO SUPPLIED BY M DESJARDINS
M Desjardins’ cat, baby, 15 years old
At the time of this writing, the owner’s lawyer had not called La Presse.
SPCA site
The SPCA joins the proceedings as a third party, but its speech is reminiscent of Mr Desjardins. According to Mr Gaillard, the SPCA considers clauses prohibiting pets to be “abusive, unreasonable and contrary to certain fundamental rights enshrined in the Charter of Human Rights and Freedoms”.
Still, according to Gaillard, relocation is a leading cause of animal abandonment in Quebec, and the current state of the housing market is exacerbating the situation. Currently, “more than one animal per day is abandoned at the Montreal SPCA for this reason,” she says. Under current rules, people are often forced to choose between their shelter and their animals.
This approach is part of a movement that has gained momentum over the past decade. On May 25, Québec Solidaire, with help from the SPCA, introduced a bill that would allow pets in all homes.
Currently, landlords have the option to include no-pet clauses or certain restrictions (e.g. no dogs) in rental agreements. Actions taken by Québec Solidaire and the SPCA aim to ban this type of clause.