Filing an Application

Notification of an application to the other party

What does it mean to give notice1 of an application?

Exercising your rights: New rules governing the notification of applications

You’ve just filed an application with the Tribunal administratif du logement. When the Tribunal holds a hearing on your application, they will want to confirm that all parties have been notified of your application (and your amendments, if applicable).

Why are you required to give notice of an application? Because when you bring a proceeding against someone, the law requires that they be informed in advance of what you are making a complaint about and of the outcome you’re asking for, so that they can defend themselves accordingly.

Each party to a proceeding must be notified of the original application and all amendments. The law may also require notification for any other type of application or documents.

The notification should include the application itself and, unless the application concerns only fixing of the rent, supporting documents or a list of supporting documents stating that they are available upon request.

Proof of notification, along with a list of the application’s supporting documents, must be added to the application file with the Tribunal. The Tribunal may refuse to summon the parties to a hearing if these documents are not filed.

In all cases, if the proof of notification is not added within 45 days after the application was first submitted, the file will be automatically closed.

Note that, if the judge considers it appropriate, the Tribunal may also summon the parties to a hearing without waiting to receive the proof of notification of the application. In that case, the proof of notification must be produced at the hearing, or else the application will be rejected.

The Tribunal administratif du logement does not require a specific method of notification. Notice may be given by any suitable method that allows for proof that the application was received or published.

You could send the notice by bailiff, by registered mail, by hand via a courier service, by an electronic method or, in certain cases, by public notice. Whatever the notification method used, a person who acknowledges receipt of the application or who confirms that they received it is deemed to have been duly notified.

Although no specific method of notification is required, the proof of notification, whatever form it takes, must be sufficient to convince the Tribunal that each party received a copy of the application (except when the Tribunal has authorized notification via public notice).

Some of the most common methods of notification are given in the table below.

What if I am unable to give notice of my application?

If you are unable to give notice of your application to the other party – for example, if they refuse to accept the registered mail – you can try to notify them by bailiff. The Tribunal may, if it sees fit, award additional costs for this second notification.

What if I’m completely unable to find the defendant?

If there is no possible method for notifying the other party because they cannot be found, you may, with Tribunal authorization, give notice by public notice. Contact the Tribunal administratif du logement for further information.

Notification methods
Method Suggested proof Explanation

Delivery by hand

Acknowledgement of receipt, dated and signed by the recipient

The acknowledgment of receipt will serve as proof of notification.

Registered mail

Delivery confirmation from Canada Post

And

Image of the signature of the person who signed at the time of delivery

The proof of mailing that Canada Post provides you is not a proof of delivery. To obtain the delivery confirmation and the image of the signature of the person who signed at the time of delivery, you should request that from Canada Post.

Bailiff

Affidavit of service2

You can find a bailiff on the Chambre des huissiers de justice du Québec website.

After serving your application, the bailiff will give you a document called an Affidavit of service. This document is proof of notification.

Please note that the bailiff’s invoice is relevant when the Tribunal is sentencing the defendant to pay notification costs, but it does not constitute proof of notification.

1. Notice is also required for certain other procedural acts, such as an amendment.
2. When done by a bailiff, notification is called service.