Hearing

Who may represent a person at a hearing

To determine who can represent you at the hearing, please see the chart below.

Persons concerned Who may represent a person at a hearing Formalities
Natural person

A mandatary of your choice. However, a professional who has been removed from the roll or declared disqualified to practise, or whose right to engage in professional activities has been restricted or suspended in accordance with the Professional Code (chapter C-26) or any legislation governing a profession may not act as a mandatary.

If the mandatary is not a lawyer, he or she must provide the Tribunal with a written mandate, signed by the person he or she represents.

Legal person
  • A director
  • A mandatary authorized by the board of directors
  • A lawyer

Except in the case of a lawyer or an officer, a mandatary must provide the Tribunal with a resolution duly adopted by the board of directors authorizing him or her to represent the legal person.

For an officer, a copy of the Québec Enterprise Register is sufficient.

Fiducie
  • A trustee (other than a litigation trustee)
  • A lawyer

The trust deed is requested when the trustee represents the trust.

Succession

The liquidator may represent the succession.

Unless the mandatary is the liquidator of right under the law, the title of liquidator is shown through the will accompanied by the will search, and if there is no will, through the instrument of appointment.

Public Curator
  • The Public Curator himself or herself
  • A Public Curator staff member
  • Any other person authorized in writing by the Public Curator
Demonstrate to the Tribunal their title as Public Curator or as an employee of the Public Curator or that they have an authorization in writing from the Public Curator, as the case may be.

Partnerships (general, limited, undeclared)

Associations (within the meaning of the Civil Code of Québec)

  • A lawyer
  • All the associates or members
  • One of the associates or members mandated by the others

The associate or member must demonstrate to the Tribunal that he or she has a mandate from the other associates of the partnership or members of the association.

It should be noted that the rules set out in article 72 of the Act respecting the Administrative Housing Tribunal apply to the associate or member whether they are a natural or legal person.

In the case of a limited partnership, only a general partner is authorized to sue or be sued.

Note: If the application was filed before February 21, 2024, a natural person may be represented by his or her spouse or by a lawyer. They may also be represented by a relative, ally or friend under certain conditions. A corporation may be represented by a director, an executive, an employee solely employed by the corporation, or a lawyer. A party represented by a mandatary other than a spouse or a lawyer must provide the Tribunal with a written mandate, signed and indicating, in the case of a natural person, the reasons that prevent him or her from acting on his or her own behalf. The mandate must be free of charge.

Representation by lawyer prohibited

If a party is represented by a lawyer, the lawyer must file an Appearance Form.

When the sole object of the application is the recovery a small claim ($15,000 or less, not including interest), a lawyer cannot represent a party to a dispute before the Tribunal administratif du logement.

Reference to recovery of a small claim means the amount in the proceeding initially instituted. Refer to the rules set out in th Act respecting the Administrative Housing Tribunal or Code of Civil Procedure, where applicable.