Dear Mr. Wright,

We missed our own case at the Régie du logement (rental board) just before Christmas. Now we have applied for something called a 'retractation', as informed both by the Régie and the Westmount Legal Clinic.

What exactly is a 'retractation' and what are our chances of being successful and what do we do next?

B.N. and T.T.



The true name in English is 'revocation'; however, many people use the French nomenclature 'retractation' because this word has all the earmarks of being an English word.

A 'retractation' or 'revocation' is a procedure whereby the Régie can give its permission to re-hear a case which has finished, for some valid reason.

The Régie law, Article 89, Division II, Special Procedures, is where to find this particular legal option. I have included the law in its entirety to be sure it and its application can be more clearly understood:

“Article 89: [Revocation] Where a decision has been rendered against a party who was prevented from producing or supplying evidence by surprise, by fraud or by any other reason considered sufficient, that party may apply for the revocation of the decision.

[Revocation] A party may also apply for the revocation of the decision where the board has omitted to adjudicate upon part of the demand or has decided beyond the application.

[Revocation] The application for revocation must be made in writing within

10 days after the decision is known or from the time the cause of prevention

ceases, as the case may be.

[Revocation] The application for revocation suspends the execution of the

decision and interrupts the time allowed for appeal or review until the parties are notified of the decision.�



Now, B.N. and T.T., in your particular case, since you have applied for a 'declaratory judgment' in which you yourself petition the Régie to rule on a clause in the lease and its application, and you are the party who missed the court hearing, and no real prejudice is occurring to the other party, you have a great likelihood to win the 'retractation' as follows:

- It’s your case and you are the one who did not show up. You suffer consequences.

- No unpaid rent. No consequences in this regard.

- No emergency repair needed. No problem under Article 1912, CCQ.

- No life in danger. No hurry for either of you.

- Civil matter. No difficult repercussions. Animals not serious when compared to humans.

- There is no real great other prejudice to the adverse party.

- It is a true honest mistake which is substantially verifiable.



To the reader, our letter writers filed at Court for a “Declaratory Judgment� regarding a matter to do with pets and use of land. In the meantime the building was sold, a clause was applied and or threatened to be applied, hence the need for The Rental Board (The Court) to rule on the validity of several circumstances germane to the case.)



Number 7 above is the reason with the most validity, based on experience and reality. Our couple made an all too human error in which they traveled to the Régie office in the Olympic Village instead of the office on Boulevard René Lévesque, sixth floor, in the old CBC building. They mixed up which office their case was to be heard.

However, they also have proof and a paper history of their actions. It is something we at the Westmount Legal Clinic request clients do.

At the Olympic Village office of the Régie, our plaintiffs asked for and received a 'preuve de présence' (proof of presence), signed by the clerk on duty.

They also asked that the Régie call the René Lévesque office to find out if the case had been finished and to wait, if possible.

Our writers arrived at the Réne Lévesque offices and found their case was over and asked again for another proof that they did indeed attend at the hearing, albeit late.

My personal opinion, based on history, experience and reality, is that the régisseur (commissioner or judge) will award the 'retractation' based upon an all-too-human error and their good-faith attempt to attend the hearing.

Subsequently, if the 'retractation' is accepted, the régisseur has the option to immediately proceed with the case or remand it to another day.

Often, the 'master of the role' will not have had enough time, on that specific day, due to caseload, to have scheduled the required time for the complete disposition, such that the case will have to be continued on another day.

But you never know.

Normally, be well prepared. But if you cannot be sure, or you truly will require more time, request a postponement. Most times, it will be accepted. Often, one postponement is allowed for each party.

So then, a 'retractation' or 'revocation' is a special procedure to legally request that the régisseur permit another look at the case due to some reason he or she considers legally sufficient.

Please keep me up-to-date on your case.

And for all our other readers, never completely despair. Should you find yourself in a like situation, another legal recourse exists which may be available.



Rent increase reminder for all readers:



Rental increase time is almost upon us once again. Please put your books in order:



- Gather all the information related to rent increase.

- Get your tax records, both municipal and school.

- Verify the insurance cost increases.

- Find out how your cash outlay on major expenses.

- Don’t forget all energy bills related to each individual building. The average may be similar to last year.



The Régie will issue, in spite of CORPIQ’s court appeal, their guidelines for rent increase, on or about Jan. 19, 2007.

Please remember that these are only guidelines. They are not “written in stone�.

Several factors contribute to the overall rent al increase and each dwelling in the same building may have a different rent increase.

A rent increase notice, for a one year lease, which begins July 1, 2007, must be sent to the tenant, anytime from Jan. 1, 2007 to March 31, 2007. The tenant has one month to answer. The tenant may accept or refuse the proposed increase and renew the lease and remain in the dwelling.

An easy way to tell if the landlord is honest is to see if all choices are included in the rent increase notice:

- You may accept the increase and remain in the dwelling, renew your lease.

- You may refuse the increase and remain in the dwelling, renew your lease.

- You may choose to not renew your lease and move at the end of the lease.



If the landlord gives the tenant the choice of “Accept the rent increase or move out,� this is a warning that your building owner or agent is being less than honest.

It is the best interest of the tenant to respond with his or her answer, in writing, via registered mail, or a signed notice of receipt from the landlord. Always keep a copy! Speak with your lawyer. Come and see us. Consult the Régie du logement. Download its forms and information pamphlets, documents, etc. from www.rdl.gouv.qc.ca,">www.rdl.gouv.qc.ca,">www.rdl.gouv.qc.ca, or call 514-873-2245.







- This is a general overview only. Please seek legal counsel and/or expert advice as required. Ted Wright is coordinator of the Westmount Legal Clinic, every Wednesday at 3:30 p.m. at the Westmount YMCA, 4585 Sherbrooke St. W. Send questions to tedquestions@yahoo.ca, via fax to 514-277-8403, or by mail to P.O. Box 48101, Montréal, Qc., H2V 4S8. He contributes to various media in Canada, both print and electronic. Brief questions may be answered. Please include telephone numbers for response. Should you wish personal, more extensive assistance, professional fees may apply. Extensive e-mailing requires a great deal of time. He may also be heard on the Know Your Rights legal show every Saturday at 2:30 p.m. on CINQ-FM, 102.3, as well as CJAD, 940NEWS and in the Gazette, on an irregular basis.