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

No formality.

In the event of doubt as to the status of the spouse, additional evidence may be requested.

  • A person related to him or her by blood or by marriage or a civil union when a person cannot appear personally for one of the following reasons:
    • illness;
    • distance;
    • other cause considered sufficient by a commissioner.
  • A friend if there is no such person in the territory of the local municipality

The mandatary must provide a mandate that is written, is signed by the party he or she represents and indicates the reason preventing the party from acting (illness, distance or other cause considered sufficient).

Such a mandate must be gratuitous.

Legal person
  • A director;
  • An officer;
  • An employee exclusively employed by it;
  • A lawyer.

A resolution is required but a proof as to the status of the enterprise’s representative is not necessary.

However, the Québec enterprise register is sufficient for:

  • the sole shareholder who is the exclusive lessor;
  • the officer.

The director or employee exclusively employed by the enterprise must provide a representation mandate, but not the officer.

Trust The trustee or lawyer may represent the trust.
The trustee of the trust involved in the dispute cannot represent the trust.

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

Liquidator of a succession The liquidator may represent the succession.

Unless the representative 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 section 72 of the Act respecting the Régie du logement 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.

Representation by lawyer prohibited

When the sole object of the application is the recovery a small claim (less than $15 000), a lawyer cannot represent a party to a dispute before the Régie du logement.

Reference to recovery of a small claim means the amount in the proceeding initially instituted. Refer to the rules set out in the Act respecting the Régie du logement  or Code of civil procedure, where applicable.

Examples

  • Trustee
  • Liquidator of a succession