$20,000 fine: Punishment of young landlord for illegally evicting his 77-year-old tenant

The family of a 77-year-old Quebec woman illegally evicted from her home in Estrie is asking Quebec to do more to protect its tenants after winning a court case against a young landlord who ordered her to pay her $20,000.

• Also Read: Convicted landlord: She evicted a family and replaced it with Airbnb

• Also Read: The owner of “bad faith”: he takes advantage of the fire to remove the victim of the disaster and create a luxurious accommodation

“It was a big upheaval for Mom. She had lived in her home for more than 20 years and he had no right to evict her like that,” Sylvain Simard sighed in an interview. News magazine.

Her mother, Bernadette Gatien, was forced to sign a document in September 2022 forcing her to leave her apartment in Sherbrooke. It was then that she learned that her son had been hospitalized with leukemia.

Its 25-year-old owner, Olivier Jacques, from the village of La Guadeloupe in the Chaudière-Appalaches region, also sent two men to “force” the septuagenarian to leave his building.

Portrait of Olivier Jacques The landlord was ordered to pay $20,000 to his 77-year-old tenant who was evicted in bad faith.

Photo courtesy of Olivier Jacques LinkedIn

“The damage to the tenant is significant. Even though one of her sons is sick, in the midst of a housing crisis, she has to quickly find a new home on a modest income. The vulnerability of the tenant increases the severity of the actions by the landlord,” Judge Melanie Marois inquired in a recent decision before the Administrative Housing Tribunal (TAL).

“We have weapons for that.”

Sylvain Simard was quick to help him during this surprise visit. He tried to reason with two strangers at his mother's house, who refused to identify themselves. In the TAL ruling, he asked the men what Bernadette Gatien's recourse would be if the son refused to leave her apartment.

“They will answer him: “We have hands for that.” […] By obtaining the tenant's eviction as he did, Olivier Jacques was in bad faith, defying the law and the tenant's rights,” stated the Honorable Melanie Marois.

The building where Bernadette Gatien lived for over 20 years, in rue Larocque, Sherbrooke.

Google screenshot

Quebec law prohibits property owners from evicting tenants aged 70 and over if they have lived there for more than ten years and have low income.

“Failure to inform her of her rights precludes her from giving valid consent to the removal. […] He not only snatched her home from her but also violated her rights to make his building profitable. If this goal is not bad in itself, there is a way to achieve it,” lamented the judge.

$20,000 fine

Mr. Simard decides to support her mother and pursue Olivier Jacques. He seeks $20,000 in punitive damages for bad faith dismissal.

Note that Mr. Jacques, who bought the building where Bernadette Gatien lived in 2022, did not even appear at the trial where he was sentenced.

A picture of Olivier Jacques, who was found guilty in court of “violating” his tenant's rights in Sherbrooke.

Photo taken from Annie Arguin's Facebook profile

“The $20,000 amount sought by the court is considered appropriate. Landlords must understand that violating tenants' rights is not a profitable option,” the judge concluded.

The need for action

In an interview with News magazineSylvain Simard hopes his mother's case will convince the Quebec government to strengthen tenants' rights.

“It's worrying about everything that's going on Bill 31, but I believe we will find a solution to better protect tenants and their rent in the future. Otherwise, we will be very homeless or maybe even on the street,” he said.

Jacques et Freres Inc. Olivier Jacques, who describes himself on LinkedIn as a real estate investor and funeral director at the company, did not respond to our interview requests.

To read the full judgment of the Administrative Housing Tribunal, click here: