Executive Summary: Key Legal and Evidentiary Issues

• Tenant dismantled part of a fence on leased property without landlord's consent.

• Landlord claimed $12,627.70 in damages for reconstruction, though work was done at no cost.

• Delay of over two years before sending a formal notice weakened the claim.

• Tribunal questioned the necessity and valuation of the alleged repairs.

• Only partial compensation was granted for the inconvenience and effort of rebuilding.

• No personal liability found against the individual shareholder of the tenant company.

Facts and outcome

Pierrette Pouliot 2014 inc. owned a commercial property leased to 9354-4674 Québec inc., operating as G.P. Auto and represented by its principal, Gino Pietrollino. In 2021, during the term of the lease, Mr. Pietrollino instructed employees to dismantle part of a metal fence enclosing the property, claiming it was no longer needed and that he had been informed the landlord intended to redevelop the site.

The landlord later sought $12,627.70 in damages, asserting the tenant had no right to alter the property and that the fence had to be rebuilt. However, the fence was in fact rebuilt without incurring any expenses, using leftover and available materials, and only after a new lease was signed with another tenant.

The Tribunal found that although G.P. Auto had no right to modify the fence, the landlord did not object at the time and waited over two years to issue a formal demand. The claimed amount lacked justification, especially since no actual costs were incurred and the new tenant was satisfied with the reconstructed fence. The Tribunal awarded only $1,000 to the landlord for time and effort spent on the reconstruction.

The court also declined to hold Mr. Pietrollino personally liable, recognizing he acted in the interest of the business. While the company was ordered to pay the limited compensation, no court costs were awarded to either party due to the landlord’s unreasonable delay and inflated claim.