Housing and Property

Challenging a Decision by the Tribunal administratif du logement

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When you bring a case before the Tribunal administratif du logement (housing court or TAL), you might not agree with the TAL’s decision. Whether you’re the person who filed the application or the one responding to it, you have two options: accept the decision or challenging it.

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The article in short  

  • If you disagree with a decision made by the Tribunal administratif du logement (TAL), you can challenge it.
  • There are three main ways to do this: you can ask for a correction (to fix a simple mistake in the decision), revocation (to ask the TAL to cancel the decision), or review (available only in certain specific situations).
  • Each option has deadlines, and you may have to pay some fees.
  • If these options don’t apply to your case or don’t work for you, you might be able to challenge the decision before another court.

You can challenge the decision in one of three ways: 

  • by filing an application with the TAL,  
  • by asking the Court of Québec for permission to appeal,  
  • by asking the Superior Court of Québec for judicial review of the decision. 

Challenging a decision directly with the TAL 

There are three ways to correct or cancel a decision directly with the TAL. You can ask for a:  

  • correction, to fix a simple mistake like an oversight or a calculation error,  
  • revocation, if you couldn’t attend the hearing or present evidence, or if the decision doesn’t reflect your initial application,  
  • review, for specific cases like fixing the rent.  

Correction: fixing an error in the decision

You can ask for a correction if the judge made a clear mistake in the decision, such as: 

  • a calculation error,  
  • a missing signature,  
  • forgetting to rule on part of your application.

Deadline 

You should apply to have the decision corrected as soon as you notice the mistake or omission. You can’t ask for a correction if:

  • you’ve already appealed or requested a review of the decision, or
  • the decision has already started being carried out, even partly.

Fees

There is a fee to file this application. However, if your application is accepted, the fee will be refunded.

Notification

You must notify a copy of your application to the other party.

Revocation: canceling a decision and getting a new one

A revocation allows you to ask the TAL to cancel a decision and make a new one. You can apply for a revocation in the following situations: 

  • You couldn’t attend the hearing for a serious reason, and you believe the decision might have been different if you could’ve been there. For example, if you were in a car accident the day of the hearing, or if the notice was sent to the wrong address and you never received it, you could ask for a revocation. 
  • You weren’t able to present important evidence at the hearing, and you believe that this could’ve changed the decision.  
  • The decision doesn’t match the original application. For example, the judge orders you to pay $2,000, but the other party had only asked for $1,000 in their original application.

Important!

If you move, you must give the TAL your new address. If the hearing notice is sent to your old address and you don’t receive it, you won’t be able to apply for a revocation.

Deadline 

You have 10 days to apply for a revocation from the day you become aware of the decision.

If you were unable to attend the hearing or present evidence for a serious reason, you must apply within 10 days from the time you’re no longer prevented from doing so. For example, if you were in the hospital and missed the hearing, you have 10 days from the date you leave the hospital and learn about the decision.

If you miss the deadline by a few days, you can still apply. You’ll need to explain why you were late, and the judge may accept the delay if it doesn’t seriously harm the other party.

Fees

Fees apply, but they will be refunded if your application is accepted.

Notification

You must notify a copy of your application to the other party.

Review: re-examining certain types of decisions

Vous pouvez demYou can apply for a review in the following situations: 

  • the decision was made following an application to set or review the rent, 
  • the decision involves a change to another condition of the lease, 
  • the decision was made by a special clerk, and one of the parties was absent from the hearing. 

There is no exact list of acceptable reasons for requesting a review, but you must provide clear and convincing arguments to support your application.

Deadline 

You must submit your application within one month from the date of the decision.

If you miss the deadline by a few days, you can still apply, but you must explain the delay. The judge may accept it if it doesn’t seriously harm the other party.

Fees

Fees apply.

Notification

You must notify a copy of your application to the other party.

Other ways of challenging a decision

If filing an application to the TAL isn’t possible or doesn’t meet your needs, you may be able to challenge the decision in the civil courts. There are two options: 

  • appeal to the Court of Québec, which requires permission,  
  • ask for judicial review of the decision by the Superior Court of Québec, which is only available in exceptional cases.    

Note

These processes can be complex: they take longer, involve several stages, and require a lot of preparation. They can also be costly and don’t apply to all TAL decisions. Visit the TAL’s website or talk to a lawyer to see if they are right for you.