Hearing

How the Hearing is Conducted

The conduct of the hearing

You need to be present at the time and location indicated on the notice of hearing you received. When you arrive for the hearing, you must confirm your presence to the representative of the Tribunal administratif du logement who is available to greet the parties. You can then sit in the waiting room.

The administrative judge or special clerk who presides the hearing will call the parties.

Every hearing is recorded.

Any other means of recording, auditory or visual, is prohibited unless authorized by the administrative judge and on the conditions he or she determines.

A hearing is public.

Therefore, it is possible for persons other than the parties or the witnesses to be present in the room. However, the administrative judge may, of his or her own initiative or on the motion of a party, order that a hearing be held in private if he or she considers it necessary in the interest of justice. Those who attend a hearing must behave with respect, remain silent and refrain from showing approval or disapproval, on pain of expulsion.

At the outset of the hearing, the parties identify themselves and must solemnly state that they will tell the truth.

Next, the applicant is invited to present his or her evidence. The applicant must have on hand proof that the application and amendments were notified, as well as all of the documents required to support the claim.

Then the defendant is invited to present his or her evidence, and must also be in possession of all of the documents in support of his or her defence.

The documents that you intend to file as evidence must be very clearly identified.

If you have witnesses, you must identify them and call them according to the subpœna issued by the Tribunal administratif du logement. Each party has the right to ask the witness questions. The administrative judge may, of his or her own initiative or on the motion of a party, order that a witness testify without the other party present.

Subsequently, the applicant and the defendant may make a pleading, i.e., an oral presentation of their pretentions and arguments.

Throughout the hearing, the administrative judge or special clerk provides fair and impartial assistance to all parties.

The hearing must deal only with the content of the application and amendments. The administrative judge or special clerk may refuse to hear a witness or deny a piece of evidence if he or she deems that it is not relevant. He or she can only consider evidence that was adduced and that is relevant to rendering a decision.

If, at the hearing, you file the originals of the exhibits as evidence, you must reclaim them once the case is closed. Failing that, the Tribunal administratif du logement destroys them one year after the date of the decision or of the document that closes the case.

No document may be filed after the hearing, except with the prior authorization of the administrative judge or special clerk. Unless the administrative judge decides otherwise, the party filing such a document must send a copy to the other party.