Notifications by email: a tenant’s testimony contradicted by Pronotif.

A tenant was refused a request for retraction of judgment after being caught in a total lie before the Régie du logement. The owners were successful following a previous hearing where the tenant did not show up. The latter had had her lease terminated and had been ordered to pay $ 6,250 in unpaid debts and $ 122 in damages.

However, the tenant claims to have never received a notice nor procedures indicating that actions had been initiated against her at the Régie du logement, hence her absence at the first hearing.

But that was false. The rental company submitted a proof report provided by Pronotif, CORPIQ's certified email service. This report makes it very clear that a notice was sent by the landlords to the tenant. She therefore received a notification informing her of the steps taken against her.

The tenant then modified her speech in an attempt to adapt to this unforeseen proof. She vaguely recalled an email, but assured that no procedure was attached to the message.

Again, the proof report provided by Pronotif contradicted her. A file was attached to the message, which was even consulted several times between 11:05 and 11:09 that day. Thus, not only did the tenant receive the message, but she opened and downloaded the attachment, which she had denied so far.

Administrative judge Marc Landry then cites a case law, stating that "The mere fact that a party is absent from the hearing will not automatically entitle him to a request for a retraction. Under section 89, the party must give reasons for his absence by a cause deemed sufficient ". Therefore, the obvious negligence and recklessness of the tenant does not constitute a valid reason for her absence.

Considering all elements, the court rejected the request for retraction, and upheld the original decision condemning the tenant.

This judgment is a reminder to all property owners: When before a court, systematically keep valid evidence of exchanges with your tenants. In this case, Pronotif is a technological innovation that made the difference.