Decision of April 4, 2011 (Construction Bernard Inc. and Laflamme).
Decision of July 5, 2011 (Bois et Ville de Québec).
In these two decisions, the applicants requested the authorization to convert into divided co-ownership their buildings respectively including 2 and 3 residences under the terms of the provisions of articles 51 and following of the Act respecting the Régie du logement.
The Court accommodated these requests and authorized conversion into divided co-ownership owing to the fact that the applicants satisfied the legal provisions governing conversion.
- Dispatching to each tenant the notice of intention envisaged in article 52 of the Act respecting the Régie du logement, even if with regard to the second decision this notice was not sent to the tenants since all the residences were vacant.
- Obtaining as a preliminary a certificate of authorization of the City of Quebec which gave its agreement to the conversion.
- By showing that the buildings concerned were not the subject of works in order to prepare them for the conversion and to evict the tenants, and that no housing was the subject of a resumption of illegal possession.
- And finally by posting on the building the notice envisaged in article 70 of the above- mentioned Act.
Decision of July 13, 2011 (Policar vs. Mitrofanov).
In this case, the applicant-lessor met all the above-mentioned conditions requested in the two other decisions for the conversion. However, its request lacked the exemption from the City of Montreal. Indeed, in Montreal the conversion is prohibited on the territory of the City unless an exemption was not granted by a Council Resolution of the Borough where the housing to convert is located.
Thus, at the first hearing held on February 14, 2011, the Court deferred its decision following the absence of this exemption, it was similar at the second hearing held on June 18, 2011 when the applicant produced a standard form of request for exemption not dated. The Court consequently decided that the exemption of the City constitutes an element, a basic condition necessary for the request of conversion into divided co-ownership, without this exemption the principle remains that there is prohibition of conversion in the agglomeration of Montreal and the request must be rejected by the Régie.
Thereafter, an exemption in due form was obtained which led the Court to finally accommodate the demand for conversion.