Contesting a decision

Decisions by the Tribunal administratif du logement

After an application to the Tribunal administratif du logement is made, a hearing is held, and you receive a decision. If you are dissatisfied with this decision and wish to contest it, the following recourse options may be available to you, depending on the circumstances.

Recourse before the Tribunal administratif du logement


If the Tribunal finds that a party is making improper use of a proceeding to prevent the execution of a Tribunal decision, it may also prohibit that party from presenting an application before the Tribunal except with the authorization of – and subject to the conditions determined by – the chair or any other person designated by the chair.

Furthermore, if the Tribunal decides that an application is improper or dilatory (intended to buy time), it can order one party to pay damages and punitive damages to the other.


When you read the decision, you might notice a clerical error or an omission, such as an incorrect calculation or date, an aspect of the application that the Tribunal neglected to rule on, or a point that the Tribunal ruled on that was not included in the application. In such cases, you can apply to have the decision corrected so long as the decision has not been appealed or reviewed or before the decision becomes executory.

The Tribunal can also correct the decision ex officio, that is, of its own accord, without having to hold a new hearing. In that case, you will receive the corrected decision by mail.

When you file a motion for correction, you must pay the related fees, which will be reimbursed if the Tribunal grants the correction.


A party can apply for revocation of a decision if:

  • The party was unable to attend the hearing (assuming that there was something preventing them from doing so).


  • They did attend the hearing, but they were prevented from supplying evidence by surprise, by fraud or for any other reason that the Tribunal considers sufficient.


  • The Tribunal omitted to adjudicate upon part of the demand or decided beyond the scope of the application.

In these three situations, you can file an application for revocation with the Tribunal administratif du logement, along with the required fees. The application must be made within 10 days after you became aware of the decision or within 10 days after you were no longer prevented from attending the hearing or supplying evidence, as the case may be.

If you were the defendant in the application that led to the decision being contested, your application for revocation must include the grounds for revocation and a brief statement of the grounds of defence that you would have raised against the original application.


The plaintiff and the defendant given notice of the application each must immediately inform the Tribunal and the other parties of any change in address during the proceeding.

Any party that fails to give notice of a change of address will be unable to apply for revocation of a decision against them on the grounds that they did not receive the notice to appear before the Tribunal if the notice was sent to their former address.


Although the application for revocation suspends the execution of a decision, it must not be used in lieu of an appeal (see below).


A party may apply to the Tribunal to review a decision in the following cases:

  • The object of the application for a review is the fixing of the rent, the changing of another condition of the lease or the revision of the rent.
  • The decision was rendered by a special clerk under subparagraph 5 of the first paragraph of section 30.2 of the Act respecting the Administrative Housing Tribunal, unless the decision pertains to an application that the parties agreed the special clerk would rule on.

In your application, you must clearly state why you are contesting the decision, as the examination may be limited to the issues identified.

The application for review must be filed within one month of the decision. Fees will apply.

Furthermore, if the special clerk’s decision authorizes the lessee to deposit their rent in the office of the Tribunal because the lessor has failed to perform their obligations or the grounds for the lessee to deposit the rent are serious, this decision may be reviewed by an administrative judge at the lessee’s request, provided that the lessee files their application for review within 10 days of the date of the decision.

If a time limit cannot be met

If the law sets out an explicit time limit and the applicant exceeds the time given, the Tribunal may, for reasonable cause, extend the time limit or release a party from the consequences of their failure to comply with it, provided that the other party does not suffer serious harm as a result.

Appeal to the Court of Québec

Except in certain specific cases (see Exceptions), decisions rendered by the Tribunal administratif du logement may be appealed with the leave (permission) of a judge of the Court of Québec, if the matter at issue is one that ought to be submitted to the Court of Québec.

The application for leave to appeal, together with a notice of presentation, must be served on the adverse party and filed in the office of the Court of Québec within 30 days after the date of the decision. This time limit is strict and cannot be extended. The application must state the conclusions sought and contain a brief statement by the applicant of the grounds they intend to rely on. The application for leave to appeal must be accompanied by a copy of the Tribunal administratif du logement’s decision and of the documents of the contestation, if they are not reproduced in the decision.

An application for leave to appeal does not suspend execution of the decision. However, if the decision entails the eviction of the lessee or of the occupants, the lessee filing the application for leave to appeal can ask the Court of Québec to suspend execution of the Tribunal’s decision if the applicant shows that execution would cause them serious harm.

If the leave to appeal is granted, the appeal is brought, and the Court hears evidence and representations only in relation to matters authorized by the judge. Unless provisional execution is granted, an appeal suspends the execution of the decision.


Some decisions by the Tribunal administratif du logement cannot be appealed. These include decisions regarding:

  • An application that concerns the fixing of the rent, the changing of another condition of the lease or the revision of the rent.
  • An application where the sole object is the recovery of an amount of money that is a small claim. * See the Tribunal website for more information about what a small claim is.
  • The subdivision of a housing complex, conversion to divided co ownership and demolition.
  • An application for authorization to deposit the rent.

A legal person must go through a lawyer to apply for leave to appeal to the Court of Québec. A natural person can either entrust a lawyer with this responsibility or represent themselves.

When the judge hears the application, they can either dismiss it or allow it, and the judgment authorizing the appeal serves as an inscription in appeal. The clerk immediately sends a copy of this judgment to the Tribunal administratif du logement and to the parties involved.

If the leave to appeal is granted, the parties will be summoned again to appear before the Court of Québec to argue the issues specifically authorized in the leave to appeal. The judgment may amend, uphold or quash the Tribunal’s decision but, in all cases, it is final and cannot be appealed.


If an appeal is found to be improper or dilatory, the Court of Québec can order the appellant to pay damages.

N.B.: If, at the hearing before the Tribunal administratif du logement, you submitted the originals of the exhibits as evidence, you should retrieve them so you can submit them at the hearing before the Court of Québec..

Recourse before the Superior Court

The Tribunal administratif du logement and the Court of Québec are subject to the judicial control of the Superior Court. Recourse before the Superior Court is sought by means of an application for judicial review.

This recourse option is subject to complex rules. We therefore recommend consulting a lawyer before pursuing this option.