Filing an Application

Legal Designation of Lessors and Lessees

In any legal proceeding (claim, application, etc.), it is important to indicate precisely (designate) who are the parties involved, that is:

  • the claimant (the person making the claim);

AND

  • the defendant (the person who will have to defend him or herself).

Certain claims may even have more than one claimant or defendant, all of whom must be designated correctly.

If a party is designated incorrectly, the case may be postponed (for example, to allow time to make the necessary corrections and take action against the correct individuals) or the claim may even be rejected.

If an incorrect designation is copied in a decision, this could also prevent the decision from being executed. Then you would have to start the whole process again.

How do you write the correct designation?

The following table should make things clearer for you.

If a claim involves Designation Examples

one or more individuals:

Full first name and surname of each person.

For a married woman, her surname at birth.

Robert Duval

Jennifer Ackerman

a person using a business name:

First name and surname of the person.

These may be followed by the business name.

Joyce Casper or Joyce Casper doing business under the name of Casper Apartments.

a general partnership:

All the partners must sign or they may appoint a representative by proxy.

For the claimant, just the name of the company followed by the words "and Co." is sufficient. 

For the defendant, indicate the name of the company or, if there is some question about its solvency, it may be followed by the names of the partners held jointly responsible. 

Real Estate Management and Co. 

Real Estate Management and Co., Andrew White, John Durand, William Tell held jointly responsible

A company the name of which ends in an Inc. (for Incorporated) or a Ltd. (for Limited):

Note: a company must act through a resolution.

Write the full name followed by the words Inc. or Ltd. whichever is applicable. 

293871 Québec Inc.
or Success Real Estate Ltd. 

 

Special cases: If the proceeding involves a co-ownership, a trustee, the tutor to a minor child, the curator or tutor to a protected adult, a public curator, a trustee in bankruptcy or a legal or testamentary succession, please contact the Tribunal administratif du logement for instructions on how to proceed.

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