DID YOU KNOW?
Most people think they cannot be represented by a lawyer before the Régie du logement. However, this claim is unlikely true. Even worse, many people wrongly believe a party cannot be represented by a lawyer in the context of a dispute before the Régie du logement when the object of the claim is less than fifteen thousand dollars (15 000$).
Generally speaking, representation by a lawyer is allowed before the Régie du logement. In fact, legal representation is allowed when the object of the hearing is rent reduction, lease resiliation, repossession of a dwelling, or to force specific performance of the obligation.
However, referring to the rules set out in the Act respecting the Régie du logement, Section 73, when the main object of the application is the recovery of a claim under 15 000$, a lawyer cannot represent a party to a dispute before the Régie du logement.
Yet, contrary to popular belief certain legal situations allows parties to be represented by a lawyer, even though the sole object of the application is the recovery of a claim under 15 000$. In fact, when the monetary claim is done under the application of a rent reduction, lawyer presence will be accepted even if the recovery claim is a small amount.
This possibility has been confirmed by the tribunal in the case Vital c. Marchand :
« La nature de la demande doit être le guide pour déterminer l’application de l’article 73 L.R.L. Si l’on ne devait retenir comme critère applicable que le faible enjeu financier, la majorité des litiges la majorité des litiges devant la Régie du logement exclurait la représentation par avocats » .
« La nature même du recours en diminution de loyer, en raison de ses exigences d’application, ne peut permettre de le qualifier de simple « recouvrement de créance » » .
Therefore, due to the nature of the claim, the application for rent reduction must not be considered has a recovery of a small claim. Therefore, the restriction provided by Section 73 Act respecting the Régie du logement cannot apply in this instance. Considering the major issues raised by some legal recourses, it won’t be possible to dismiss legal representation even do the amount requested in the claim is under 15 000$.
That being said, Vital c. Marchand is a controversial decision who is actually being appealed before the Court of Quebec. We are awaiting a ruling on whether you can or cannot be represented by a lawyer in a rent reduction hearing where the amount is $15 000.00 or less, although Vital c. Marchand is being referred to by lawyers before the Régie du logement in order to represent clients.
It is important to keep in mind that the value of a claim to the Régie du logement must be less than $85,000 to fall within the jurisdiction of the Régie du logement.
Although, there may be cases where you cannot benefit from a legal representation, nothing prevents you from consulting a real estate lawyer who will provide you information about your rights and obligations and prepare you for a hearing should the legal representation is prohibited by law as we just discussed.
If any further question, you may contact Sébastien Dubé Avocat who pleads for owner-lessor cases of repossession of dwelling, lease resiliation, eviction, withdrawal before the Régie du logement, in appeal at the Court of Québec and for judicial review at the Superior Court.
This text is not to be read as a legal opinion and is deemed for information only.
Facts may vary from one case to another: those facts when applied to the law in force can only be carried by a serious legal analysis.
