When the Tribunal administratif du logement (TAL or housing court) makes a decision about your case, you may find that you disagree with it. Whether you filed the application or it was filed against you, it’s usually possible to challenge a decision from the TAL.
What are your choices after receiving a decision from the TAL?
After reading the decision, you have two choices. What those choices are will depend on whether you are the applicant or the defendant. The applicant is the person who files an application with the TAL. The defendant is the person opposing the request.
If you’re the applicant, you can either accept the decision, or challenge it if you’re not satisfied.
If you’re the defendant, you can either do what the administrative judge decided you need to do, or challenge the decision if you’re not satisfied with it.
What are your options if you want to challenge the TAL’s decision?
Here are your three options for challenging the TAL’s decision:
- contest the decision directly at the TAL,
- ask permission to appeal certain decisions to the Court of Quebec,
- ask for the Superior Court of Quebec to review the TAL’s decision.
Did you know?
Some people can get free or low-cost legal services through legal aid.
See Legal Aid: Do I Qualify? for more information.
How to contest a decision directly before the TAL?
You can file three types of requests with the TAL to change a decision you’re not satisfied with, depending on your situation:
- a motion for correction, to correct a simple error.
- an application for revocation if you were unable to attend the hearing or to present evidence, or if the decision doesn’t respond to your initial application,
- an application for review, for other errors, or if you have new evidence to submit.
Filing a motion for correction
Correction means correcting an error made by the administrative judge. For example, they might have made a calculation error, forgotten to sign the decision, or failed to decide on part of the application.
You cannot request a correction if your case is being appealed or reviewed, or if the TAL’s decision has been carried out in whole or in part.
To get a correction, send your form to the TAL by mail or bring it in person to a TAL office. Clearly identify the error, for example a calculation error or something that was forgotten in the decision.
You will also have to pay certain fees. You will be reimbursed this fee if the administrative judge finds that you were right about the error.
You must file your motion for correction as soon as possible after you receive the TAL’s decision.
The Tribunal can also correct a decision on its own without you asking for it. If this happens, you’ll get the corrected decision by mail.
Filing an application for revocation
Revocation means asking the TAL to cancel its decision and make a new one.
First, you can ask for revocation if you could not be at the hearing for a reason that the TAL considers valid, and you think the decision would have been different if you had been able to attend.
For example, the TAL has considered that a car accident the day of the hearing could be a valid reason to apply for revocation. The TAL has also considered that not receiving the notice of hearing because it was sent to the wrong address is a valid reason for revocation. The TAL considers each situation on a case-by-case basis.
| Important! If you move, you must provide your new address to the TAL. If the notice of hearing is sent to your old address, you can’t ask for revocation. |
You can also apply for revocation if you weren’t able to present evidence at the hearing for a reason that the TAL considers valid, and you think that the decision would have been different if you had been able to present this evidence.
Finally, you can apply for revocation if the administrative judge failed to decide on part of the application or made a decision that goes beyond what the application asked for. For example, this would be the case if the administrative judge gave $2,000 in damages while the application only asked for $1,000.
In all cases, you must file your application for revocation within 10 days after finding out about the TAL’s decision. If you applied for revocation because you were prevented from coming to the hearing or from presenting your evidence, your must file your application within 10 days after you’re no longer prevented from acting. For example, if you were in the hospital and were unable to come to the hearing, you have to file your application for revocation within 10 days after leaving the hospital and becoming aware of the decision.
You have to pay a fee, but it will be reimbursed if the TAL agrees to revoke the decision.
Filing an application for review
You can apply for a review of these two types of decisions:
- setting or changing the rent,
- changing another part of the lease.
In some situations, you can also apply for review if the decision was made by a special clerk and one of the parties was absent during the hearing.
There is no list of specific reasons for applying for a review. However, the person filing the application must present solid and convincing arguments. For example, you could apply for a review if you discover new, important evidence after the decision was made.
You must file your application for review within one month from the date of the decision. You will have to pay a fee.
In your application, make sure to include all the reasons why you disagree with the initial decision. The administrative judges will only consider arguments listed in your application.
Do you need to notify the other people involved in your case about a request for correction, revocation, or review?
Yes. When you make this kind of request, you must “notify” the other side with a copy of it. Notifying means sending a copy of the request to the other side so that they know about it and can prepare for the hearing.
You also have to notify the evidence (called “exhibits”) or a list of the evidence that you will use at the hearing to prove that your request should be accepted by the TAL.
You can notify someone in one of these ways:
- bailiff (the notification will then be called “service”),
- registered mail,
- any other way that shows the other people involved in your case got a copy, like giving them it in person with a signed acknowledgment of receipt, or sending something digitally.
You must send the TAL proof of notification within 45 days of filing your application. If you don’t do it, the TAL will close your file.
If your first attempt to notify the person isn’t successful, you must try another way. As an example, if someone doesn’t pick up their registered mail, you can notify them again by bailiff. In the TAL’s decision, the administrative judge can order the other side to reimburse you for your second notification attempt.
If you have no way to find the other person involved in your case, the TAL can give you permission to make a notification by public notice.
If you miss the deadline by a few days because you were sick, can you still challenge the TAL’s decision?
Sometimes. The time limit for challenging a decision of the TAL can be extended if you can give a good reason for the extension and it does not cause any major harm to the other side.
What about an appeal to the Court of Quebec?
When you can’t request correction, revocation, or review of a decision made by an administrative judge at the TAL, you can usually appeal the decision to the Court of Quebec.
The right to appeal a TAL decision to the Court of Quebec is not automatic. First, you must submit a document asking the court for permission to appeal. This document must be delivered by bailiff to the other people involved in your case and filed with the court office within 30 days of the date of the TAL’s decision.
Decisions about these issues can’t be appealed:
- setting rent or changing another part of the lease,
- claiming $15,000 or less and nothing else,
- selling parts of a housing complex, converting a building into divided co-ownership, and demolishing a dwelling,
- requests to deposit the rent with the court instead of paying it to the landlord.
In appeals before the Court of Quebec, the court can decide to hear the whole case again. But it’s also possible that you will be given permission to only challenge certain parts of the TAL’s decision and not others. You must therefore make sure to present the appropriate evidence and arguments to the judge.
The legal process before the Court of Quebec is generally more complex and expensive than before the TAL. Do not hesitate to consult a legal professional if necessary.
What is a review by the Superior Court?
The Superior Court has a “special power” to supervise other Quebec courts and tribunals.
Because of this power, you can ask the Superior Court to review a decision made by the TAL or the Court of Quebec when you believe you are in one of these situations:
- The judge made a decision that went beyond their authority.
- Something important went wrong with the decision-making process and made it unfair.
- The judge did something illegal or abused their authority to such an extent that the hearing became a “fraud”. In other words, whatever they did or said resulted in an obvious injustice.
This review is called a “judicial review”.
This review process is complicated and can be expensive. For help, consult a legal professional.
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