Court grants Montreal mother partial duplex repossession but denies second unit for parents

A Montreal mother who bought a duplex in Ahuntsic-Cartierville but couldn't move in has won the right to repossess one of its two units, though the partial victory leaves her family of 10 without the space she sought.

The Tribunal administratif du logement (TAL) ruled that Armelle Foka can repossess the main-floor apartment for herself and her family. Current tenants have until August 30 to vacate; Foka can move in September 1. However, the tribunal rejected Foka's request to repossess the second unit, which she had planned to use for her parents.

"We obtained the repossession for one of the two units, but not the other," Foka said. "We're a large family, and it will be very difficult for 10 of us to live in a five-and-a-half. I bought this property because I wanted enough space for my family."

As part of the ruling, Foka was ordered to pay the departing tenants $3,500 in moving expenses. "That's a huge amount for me," she said. "After buying a property like this, I don't have that kind of cash available. But it's the law, it's what was decided, and I'll comply with it. Even if I have to take out a loan, I'll do it."

Foka and her family had previously lived in a trailer parked outside the duplex after leaving their former rental home, believing they would move in following repossession. They have since moved out of the trailer and are staying in a neighbouring home's basement. The tribunal rejected the second-unit repossession after questions were raised about Foka's mother, who is in Canada on a five-year super visa rather than permanent residency.

The timing is particularly difficult as the move coincides with the start of the school year. Foka's children are already registered at a neighborhood school.