Going to a Hearing at the Tribunal administratif du logement: What to Expect?

Do you have a hearing scheduled at the Tribunal administratif du logement (housing court or TAL)? Here’s what you need to know to get ready. This article explains who will be there, what to expect, the different stages of the hearing, and how to act during this process.

The people present at the hearing

Several people may be present at a TAL hearing. Each one has a specific role. 

The administrative judge 

The judge leads the hearing. They listen to both parties, ask questions, review the evidence, and make a decision. 

The parties 

These are the people directly involved in the case: the person who filed the application (the tenant or landlord) and the person who is responding to it. 

The representatives 

A party can be represented by someone else, like a lawyer or another person who is authorized to represent them.  

To learn more about who can represent you at a TAL hearing, visit the TAL’s website.  

The witnesses  

Witnesses are people who come to share what they know about the situation. They usually wait outside the hearing room and are not allowed to listen to others before it’s their turn. 

For example, a neighbour might be called as a witness to speak about noise or the unit’s condition. 

The people who accompany you 

If you need support because of old age, illness, or other reasons, you can bring someone with you to the hearing. This person can help you read documents, understand what’s happening, or simply offer reassurance. They must do this free of charge. 

However, they cannot speak on your behalf, ask questions to the witnesses, or give you legal advice. 

Interpreters 

If you don’t understand English or French well, or if you are deaf or hard of hearing, you can bring an interpreter to the hearing. The interpreter doesn’t need to be a professional. They can be a family member or someone you trust. 

The different stages of a hearing

The length of a hearing can vary, but it usually lasts between 30 minutes and 3 hours. In some cases, the hearing may be postponed. This may happen if, for example, one party doesn’t show up or if there are problems with the documents that were filled out. 

Sometimes, both parties reach an agreement before or during the hearing. If that happens, the judge can “ratify” the agreement, which means officially accepting it. 

At some TAL offices, there is a separate room where parties can meet to talk privately and try to reach an agreement.

Here are the usual stages of a hearing.

1. Appearance and oath

Arrive at the time shown on your notice of hearing. Then:  

• The judge calls the parties and witnesses into the hearing room. 
• Each witness must promise (or “solemnly affirm”) to tell the truth. 
• Witnesses usually leave the room after taking the oath and wait to be called when it’s their turn to testify. 

2. Evidence and witness testimonies 

The person who filed the application speaks first. They explain their side of the situation, show their evidence, and call their witnesses. The other party can ask questions to the witnesses to verify or challenge what they say. This is called “cross-examination.” 

Then, the second party does the same: they explain their side of the situation, present evidence, and call witnesses. 

At the end, each party can give a brief summary of their side of the situation to convince the judge. This is called “pleading.”

3. End of the hearing and decision

The judge will make a decision based on the evidence and testimony presented. They can: 

• give the decision immediately, or 
• give the decision later. When this happens, we say that the case is “taken under advisement”. 

You will receive the decision by mail within three months at most. 

For more details on how a hearing is conducted, visit the TAL’s website.

How to act during the hearing

Just like in any court, there are rules of conduct to follow at the TAL. 

At the hearing, you should: 

• dress neatly and respectfully. For example, avoid wearing T-shirts with violent images or messages, 

• speak politely and respectfully to the judge, witnesses, and other parties. 

You must avoid: 

• interrupting others,  
• shouting at or insulting the other party, 
• using your phone during the hearing, 
• eating or chewing gum in the hearing room.

How to interrogate witnesses

When interrogating a witness, you should only ask questions that are directly relevant to the issue. Each question should help the judge better understand what really happened.

Your witnesses

When interrogating your own witnesses, ask “open” questions. Open questions are questions that do not suggest the answer. They often begin with:

• Who? 
• When? 
• Where? 
• What? 
• Why? 
• How? 

For example, you might ask: “Can you explain what you observed on March 12^th in the 2^nd floor apartment?”  

You should avoid whispering the answers to your witnesses. You must let them respond freely without interruption. If you have trouble wording your questions, the judge can help you.

The other party’s witnesses

You also have the right to interrogate the other party’s witnesses. This is called “cross-examination.” In this case, you don’t have to ask only “open”  questions. For example, you could ask: “Is it true that you received an e-mail on June 10^th about the water leak?”