Decision of December 1, 2011, Fontaine vs. Guay
During the signing of the lease between the parties in question, the clauses of the lease prohibited the presence of animals. The tenant had a cat whose presence she pleaded for asserting the fact that it was at the end of its lifetime. The lessor finally tolerates the cat which will live nearly 10 years before it expires. The tenant gets a new cat which the lessor refuses to tolerate.
In subpoenas, he recalls to the tenant the clause prohibiting the presence of animals in the dwelling. These having remained unanswered, he seizes the Court to obtain a ruling requesting the tenant to respect the clause prohibiting the animals.
In defence, the tenant affirms that if the lessor tolerated the first cat he can certainly tolerate this one which she needs and which does not cause any serious damage to the lessor.
For the Court, “the lessor has been a fair player as he tolerated the presence of the first cat until its death, however, the lease was not modified so that animals would, from now on, be authorized, or that the lessor renounced the possible benefit of the clause”.
The tenant is thus ordered to separate herself from her animal, the non-observance of this ruling constituting an insult to the Court.