Preparing for a Hearing at the Tribunal administratif du logement

Having a hearing at the Tribunal administratif du logement (TAL) can feel overwhelming, especially if it’s your first time. Fortunately, being well prepared can really help. Knowing what to bring, how to explain your arguments, and what to expect can make it easier to present your case.

Understanding the TAL’s notice of hearing 

When an application is filed with the TAL, a notice of hearing is sent to both parties. This notice shows the date, time, and place of the hearing, or gives the link to join if the hearing is online. 

Read this notice carefully as soon as you get it, whether you are the person who filed the application (the “plaintiff”) or the person who received it (the “defendant”). 

Who can represent you at the hearing 

Each party can:  

• present their own case, 
• or be represented by someone they choose, like a lawyer or a family member.  

If you want someone else to represent you, you must sign a written mandate. This is a document that explains what the person is allowed to do for you. You need to give this mandate to the TAL. 

You don’t need to sign a written mandate if the person representing you is: 

• a lawyer, or 
• your spouse. 

If you don’t understand English or French well, you can be accompanied by an interpreter during the hearing. They can help you fully understand and take part in the hearing. 

If you cannot attend the hearing

If you can’t come, you must either ask for a postponement or give someone else permission to represent you. 

If you don’t do this, the judge may: 

• dismiss your application, if you are the plaintiff, 
• make a decision that is not in your favour, if you are the defendant, 
• or postpone the hearing in some cases. 

For example, if a tenant doesn’t pay rent and misses the hearing, the TAL can automatically end their lease. 

Requesting to postpone the hearing

If you can’t attend the hearing on the scheduled date, you can ask to postpone it. You have two options: 

1. Reach an agreement with the other party 

You and the other party can agree to postpone the hearing. In this case, you must send the TAL a written agreement signed by both of you. The hearing will then be rescheduled to a later date. 

2. Ask the TAL directly 

You can request to postpone the hearing even if the other party doesn’t agree to it. 

To do this, you can send someone in your place on the day of the hearing (with a written mandate, if needed). This person can explain your situation and ask the judge to postpone the hearing. The judge will decide whether to approve the request. 

Going to conciliation before a hearing

After you file your application, the TAL may offer a free conciliation session. Conciliation allows both parties to talk and try to reach an agreement without going to a hearing.  

You can choose to accept or refuse this offer. If you accept conciliation and reach an agreement, your file will be closed. Otherwise, the hearing will take place as planned. 

You must prove what you claim

If you filed an application with the TAL, it’s up to you to prove what you wrote in your application. It’s not enough to simply say what happened — you need to show concrete evidence and, if possible, bring witnesses to support your case.

Evidence

You can bring and use as evidence: 

• documents such as invoices, letters, emails, notices from the other party, your lease, etc., 
• photos or videos, 
• other records, like temperature or humidity readings.  

You can also submit a written report from an expert, like the report of someone who inspected your home, did an appraisal, or handled an extermination. Important: The expert must then come to the hearing to answer questions from both sides. 

If your evidence is digital, try to print them out. If that’s not possible, bring a device like a tablet or laptop so you can show your evidence clearly during the hearing. 

To help you stay organized, you can number your documents. For example, you can label you lease “Exhibit 1”, photos of your unit can be “Exhibit 2”, etc.  You can also arrange them in a simple order, like by date or by topic. This will make it easier to find what you need during the hearing. 

Bring three copies of each document: 

• one for yourself, 
• one for the judge, 
• one for the other party. 

Witnesses

Witnesses help confirm the facts you present before the TAL, by sharing their own experience. 

Testifying in person

You can ask witnesses to come to the hearing to share what they have seen, heard, or experienced firsthand. They must know the facts personally. Usually, a witness cannot testify just to repeat what someone else told them. 

Be sure to prepare the questions you want to ask your witnesses ahead of time. 

Testifying in writing

A witness can also provide a written statement instead of testifying in person. For this statement to be accepted: 

• The witness must be unable to attend the hearing, for example, because they are seriously ill or out of the country. 
• You must send a copy of the statement to the other party before the hearing. 
• The other party must agree for the witness to provide a written statement. If they don’t, the judge will decide whether to accept the written testimony or not. 

Forcing someone to testify

If someone refuses to testify, you can ask a TAL judge for a subpoena. This is an official order to appear at the hearing. A bailiff must deliver the subpoena at least 3 days before the hearing, and you will have to pay a fee. 

Using decisions the TAL made in similar cases  

You can bring decisions made by the TAL in cases like yours to the hearing. These decisions show how the TAL ruled in similar situations and can support your case by providing real examples that have been accepted before. 

To find these decisions, check the summary of decisions available on the TAL’s website.