Marc Pettigrew, 98, moved from Quebec City to Sainte-Julie four years ago to be closer to his family. “Four of the five children live in Montreal, so we decided to move here,” he said. Pettigrew, who lost his wife last year, said they chose Les Résidences Soleil, a private seniors’ residence (RPA), because of the beautiful views surrounding the residence and the independent living it offered, with access to services. Since he has a washer and dryer in his apartment, he said he wanted to opt out of the mandatory cleaning fee that included housekeeping twice a month and weekly sheet washing. Instead, he found out he would have to pay the fee of $118 per month, whether or not he used the service. “They don’t give us the chance to accept or refuse the charge,” he said. Pettigrew, who was already versed in tenants’ rights and had successfully challenged rent hikes at seniors’ homes when he lived in Quebec City, decided to fight the charge. Ultimately, he was able to enlist the help of housing lawyer Antoine Morneau-Senechal and the Centres d ’assistance et d’accompagnement aux plaintes (CAAP). “Basically, the TAL denied our claim, so we appealed the case at La Cour de Quebec,” said Morneau-Senechal. In August, a Quebec judge ruled in Pettigrew’s favour, saying the mandatory fees limited his free choice of suppliers of goods and services. “By stating in his house form that the cleaning and bedding services are ‘mandatory in the rent’ and that ‘the tenant cannot remove these services’, the landlord limits the tenant’s right to obtain these services from the person of his choice. This provision must be held to be null and void, since it is contrary to section 1900,” the judge wrote. He ordered Les Résidences Soleil to reimburse the fees Pettigrew has paid since 2023, which totalled more than $5,000. “It’s not for the money, but it’s for the people who are living in that kind of housing,” said Pettigrew in response to the judgement. But his fight isn’t over yet. Les Résidences Soleil is challenging the ruling, arguing a private seniors residence is different than conventional housing. “The decision in this case raises questions of principle that extend well beyond the specific individual situation at hand. In light of concerns expressed within the sector, steps have been taken to have the ruling’s scope and implications re-examined by the Superior Court,” it said in a statement following the judgment in August. But other tenants have taken notice of Pettigrew’s win. “I’ve been approached by a lot of tenants,” said Morneau-Senechal. “It’s an issue that’s pretty common in among, the elderly people living in assisted living facilities.” Pettigrew said he’ll keep speaking out for other seniors who may be afraid to take on the issue. The case will be back before a judge in October.
