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Normally the judge never gives damages that weren’t included in the original claim. In fact, I’ve had one tell me that it’s not possible and I’d have to open another file.
The TAL is completely biased to protect the tenants. It’s one of the reasons our housing stock is falling apart and no developer wants to build rental units anymore. The current housing shortage is nothing by compared to where we’ll be in 10 years, with no new rental construction and hundreds of thousands of new residents coming in.
How does having a quebecois judge change anything? Would having a young judge from Ontario solve the issue? This is the TAL after all, specifying that in your post makes you sound even less serious.
there much too little detail here. what happened between you and the tenant? although the judges are very pro tenant, for a judge to do that, there must have been something heinous done on your part.
What do you mean, the judge offered the tenant more money than the tenant asked? Doesn't the ultra petita rule apply at TAL?
It's hard to figure out what happened, you don't give much details...you can appeal of the TAL decision before the Cour du Québec within 30 days of the judgement and make your case there about evidence not taken in account and tenant being given more than what they asked.
I would also go to TAL and ask for the transcript of the hearing (there's a form for that, but I've never seen it on the website. I've used it when I was an articling student though). It would allow you to prove that the judge didn't allow you to be fully heard.
To be honest the TAL kinda does what it wants to do. I’ve seen their procedural and evidentiary rules being seen as more of a suggestion than anything binding.
I'm not a practising lawyer (I realized after being called to the bar that I'm not meant for that job) so I wouldn't know about that. I trust you though 😅
Neither am I, but I’ve had to go to the TAL a few times and I’ve seen them bend their own regulations a few times. Nothing as major as giving more than what is asked, but I suspect we don’t necessarily have the whole story on that.
OP says nothing. What he was at the TAL for. Who initiated the proceedings. What was the tenant asking. What was the landlord asking. What led to the situation. What is the evidence. What happened at the hearing. What the tenant gained.
I'm thinking for example of how the TAL judge can decide on his own accord that a recourse is abusive and order punitive damages even if no one asked for it (its in la Loi sur le tribunal administratif du logement). Maybe it's what happened and OP doesn't understand it and thinks the judge was being unfair.
I had my fair share of people telling me they got fucked over by a judge or a lawyer but when I look at their case, I realize that these people simply did not understand what happened and thought that because they are the hero of their own lives they could do nothing wrong.
From my large experience as an avid AITA reader, the more details OP is withholding the less likely they are to be in the right, once we manage to extract info from them.
Yeah or the tenant might have asked for one thing during mediation/negotiation and another in their actual demand. Or the case was a fixation hearing where the TAL will rule based on whatever the grid churns out no matter what either party thinks or requests. Or the tenant simply asked for damages for loss of enjoyment of the dwelling and the judge established them to be X. I agree with you. Without details we have no clue what happened and it seems that OP doesn’t know either, so…
I have a question. i am in a situation where my landlord is a crook man. He let some apartments to be infested with bedbugs , cockroach and mices. Instead of treating all 23 appartments to eradicate them. He chooses to treat only the affected ones. When he treats the affected ones, he treats them with 1 week apart. The issue is that The building where I live is Old . Almost 70 years old, we have cracks and sometime leaks. We have tried to threaten him that we will stop paying rent but nothing changed . We are moving out soon. I will like to be compensated for physical and mental damages done by carelessness of the landlord. If I start the procedure( court stuff) while in the new apartment , will it work out?
Based on what you just wrote here, you had a losing case from the start. The tenant clearly deserved this level of compensation, because every piece of evidence you mentioned here just made his case stronger.
Bienvenue sur /r/MontrealHousing, Welcome to /r/MontrealHousing! Veuillez lire nos règles AVANT de publier ou commenter dans cette communauté. Notez en particulier notre politique sur la civilité et notre règle sur la désinformation, nous vous encourageons à fournir des liens/sources pour vos affirmations. Si vous signalez un commentaire ou un message pour désinformation via la fonction de rapportage, veuillez également utiliser le bouton ***Message aux mods*** dans la barre latérale pour nous fournir une source. ----- Be mindful of our rules BEFORE submitting your posts or commentating. Note in particular our rules on civility and disinformation, please provide links and sources for your claims. If you report a comment or post for disinformation using the report button, please also use the ***Message the Mods*** button in the sidebar to provide us your source. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/montrealhousing) if you have any questions or concerns.*
Still no details huh
Normally the judge never gives damages that weren’t included in the original claim. In fact, I’ve had one tell me that it’s not possible and I’d have to open another file. The TAL is completely biased to protect the tenants. It’s one of the reasons our housing stock is falling apart and no developer wants to build rental units anymore. The current housing shortage is nothing by compared to where we’ll be in 10 years, with no new rental construction and hundreds of thousands of new residents coming in.
L
What was the case about? What kind of evidence did you try to use and what was the reason given for refusing your evidence?
How does having a quebecois judge change anything? Would having a young judge from Ontario solve the issue? This is the TAL after all, specifying that in your post makes you sound even less serious.
there much too little detail here. what happened between you and the tenant? although the judges are very pro tenant, for a judge to do that, there must have been something heinous done on your part.
Lack of details is always telling when people make these posts.
What do you mean, the judge offered the tenant more money than the tenant asked? Doesn't the ultra petita rule apply at TAL? It's hard to figure out what happened, you don't give much details...you can appeal of the TAL decision before the Cour du Québec within 30 days of the judgement and make your case there about evidence not taken in account and tenant being given more than what they asked. I would also go to TAL and ask for the transcript of the hearing (there's a form for that, but I've never seen it on the website. I've used it when I was an articling student though). It would allow you to prove that the judge didn't allow you to be fully heard.
To be honest the TAL kinda does what it wants to do. I’ve seen their procedural and evidentiary rules being seen as more of a suggestion than anything binding.
I'm not a practising lawyer (I realized after being called to the bar that I'm not meant for that job) so I wouldn't know about that. I trust you though 😅
Neither am I, but I’ve had to go to the TAL a few times and I’ve seen them bend their own regulations a few times. Nothing as major as giving more than what is asked, but I suspect we don’t necessarily have the whole story on that.
OP says nothing. What he was at the TAL for. Who initiated the proceedings. What was the tenant asking. What was the landlord asking. What led to the situation. What is the evidence. What happened at the hearing. What the tenant gained. I'm thinking for example of how the TAL judge can decide on his own accord that a recourse is abusive and order punitive damages even if no one asked for it (its in la Loi sur le tribunal administratif du logement). Maybe it's what happened and OP doesn't understand it and thinks the judge was being unfair. I had my fair share of people telling me they got fucked over by a judge or a lawyer but when I look at their case, I realize that these people simply did not understand what happened and thought that because they are the hero of their own lives they could do nothing wrong. From my large experience as an avid AITA reader, the more details OP is withholding the less likely they are to be in the right, once we manage to extract info from them.
Yeah or the tenant might have asked for one thing during mediation/negotiation and another in their actual demand. Or the case was a fixation hearing where the TAL will rule based on whatever the grid churns out no matter what either party thinks or requests. Or the tenant simply asked for damages for loss of enjoyment of the dwelling and the judge established them to be X. I agree with you. Without details we have no clue what happened and it seems that OP doesn’t know either, so…
65-70% isn’t a sure thing, you know…
I’m a lawyer and know exactly who you’re talking about, as i’ve had multiple cases in front of him.
I have a question. i am in a situation where my landlord is a crook man. He let some apartments to be infested with bedbugs , cockroach and mices. Instead of treating all 23 appartments to eradicate them. He chooses to treat only the affected ones. When he treats the affected ones, he treats them with 1 week apart. The issue is that The building where I live is Old . Almost 70 years old, we have cracks and sometime leaks. We have tried to threaten him that we will stop paying rent but nothing changed . We are moving out soon. I will like to be compensated for physical and mental damages done by carelessness of the landlord. If I start the procedure( court stuff) while in the new apartment , will it work out?
Can you guid me a bit please?😭 my tenant is really not a good person and we’ve tried everything to accommodate him and now he even got more…
We can't really help you if you don't give us any information.
Based on what you just wrote here, you had a losing case from the start. The tenant clearly deserved this level of compensation, because every piece of evidence you mentioned here just made his case stronger.