In certain cases, the landlord can ask for the rejection of an application asking for the joinder of applications before the Rental Board

Article locked Published on by Me Bill Kostopoulos

Topic(s): Legal

Source: Messier Soucy Avocats

In certain cases, the landlord can ask for the rejection of an application asking for the joinder of applications before the Rental Board
In the decision Jetté v. Jakani 1, the landlord applied for the recovery of the rent (830 $) as well as the rent due at the time of the hearing, the cancellation of the lease due to delays of more than three weeks in the payment of the rent, as well as the provisional execution of the decision notwithstanding appeal.

The hearing on the landlord's application was held on January 26, 2011. At the end of this hearing, after the Court heard the representations of the two parties, the tenant requested that his file be joined with that of the landlord. He presents to the Court an application to join the files filed at the Régie two days before the hearing. This application bears the number 31 110124 030 NR 110124. Dated January 26, 2011, it still does did not appear on the roll of the Court.

The tenant's application bears file number 31 110124 030 G. It was filed on January 24, 2011, i.e. two days before the hearing. The tenant claimed moral damages for trouble and inconvenience, as well as punitive damages. In his application, the tenant alleged:

“Counterclaim for:

1. Abuse of procedure

2. Moral damages of 1,500 $ and punitive damage for 1,000$

3. Harassment

4. Joining of the two applications for a joint hearing of January 26, 2011. ”

At the hearing of January 26, 2011, the Court indicates to the parties that it will render a written decision on the application to join the files. It informs the parties that if the application for joining is dismissed, a decision will be rendered on the landlord's application . If it is not, the parties will be summoned again on the two files.

The tenant argued that his application and his defense to the landlords application are closely related. He adds that the Court must consider the costs and the proportionality. An application for joining of files can be admissible by the Court if it meets the requirements of article 57 of the Act respecting the Régie du logement which stipulates:

57. Several applications between the same parties, in which the questions at issue are substantially the same, or for matters which might properly be combined in one application, may be joined by order of the board on such conditions as it may fix.


Joint action.
The board may also order that several applications made before it, whether or not between the same parties, be heard at the same time and decided on the same evidence, or that the evidence in one be used in another, or that one application be heard and decided first, and the others meanwhile stayed.


The Court concludes that the request for joining of the tenant is not admissible within the meaning of article 57 of the Act respecting the Régie du logement. The landlord's application is for recovery of the rent and one for cancellation based on a delay of more than three weeks of payment of the rent, as well as other frequent delays in doing so. The tenant's application is for damages.

The questions in litigation are not, substantially the same. The proof which must be made is completely different for each file. It is not a question of matters which can be suitably joined together in one hearing. The Court considers that it is un-necessary to join the two applications, and that there is no risk of a contradictory judgement.

The decision of the Court is consistent with decisions already rendered by other administrative judges of the same Court. In a situation similar to this one, administrative judge Christine Bissonnette refused to join two files together. One asked for the joinder of a claim for damages against the landlord with one for recovery of rent against a tenant. She noted, as it is the case here, that an “analysis of these applications establishes that the questions in litigation are different and that it is un-necessary to join them together. ” 2

Administrative judge Danielle Dumont ruled in the same manner as did judge Bissonnette in a similar file3. She refused to join together an application for damages by the tenant for harassment with an application by the landlord for recovery of rent and to cancel the lease.

Administrative judge Francine Jodoin refused an application to join files in the decision Maher v. Soucy 4. The Court shares the opinion of the latter to the effect that it is un-necessary to join files where
“… the respective applications of the parties can validly be heard and separately judged, without risk of contradictory judgement…”.

The tenant's application will follow its course according to the roll which the Master of the roll will consider convenient.



131 100923 016 G, 31 110124 030 NR 110124, February 23, 2011, Me Andre Monty, administrative judge



2 Balassanian v. Bouchoutsos, 31 070309 076 NR 070312, Montreal, on May 21, 2008.

3 Lagacé v. Poulin, 31 011227 113 G, Montreal,

4 31 020327 080 G, Montreal, on May 17, 2002.

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