Hearing

Videoconference hearing

If you are called for a videoconference hearing, take note of the following in order to ensure the orderly progress of the hearing.

At a videoconference hearing, the parties meet in a location equipped with a device for holding remote hearings, while the commissioner who hears the case sits in another location, also equipped with such a system. It is also possible that only one witness will be heard by videoconference.

Filing evidence before the hearing

Deadline to file evidence

The evidence must be submitted 10 days before the hearing date.

Filing method

Evidence is filed online, under Online Services / Transmission of Documents to the Court.

Online filing is the preferred method, given its efficiency. Other methods, however, can be used to submit evidence, such as by fax, although this method can affect the legibility of documents.

The applicant's record must be complete, and should therefore contain the following:

  • The proof of notification of the application and amendments, if applicable (affidavit of service by a bailiff, delivery confirmation from Canada Post, email, proceeding signed by the defendant, or another document attesting to the reception of the proceeding by the defendant).

  • A copy of the lease (in full) and all by-laws or schedules.

  • Invoices that are the subject of a refund request.

It must also include, where applicable:

  • A legible copy of all reports by experts or inspectors.

  • A legible copy of all photos.

  • A legible copy of all notices, letters, emails, notes or other documents that you wish to submit to the commissioner as evidence.

Evidence that is in the form of video or audio recordings can also be filed online. If it is not possible to do so, such evidence must be submitted on a data storage device (USB memory stick). Please assign a number and name to each file so that it can be easily identified, and keep a copy for your records.

Filing evidence on the day of the hearing

Any evidence that was not previously filed with the court can be submitted to the clerk or the attending representative of the Régie du logement on the day of the videoconference hearing.

Application for a postponement

Please inform the court of an application for a postponement as soon as you learn the details justifying your application; you must also submit the consent of the opposing party. This will make it possible for other litigants to avail themselves of the time slot that was reserved for hearing your case. Should you fail to do so, the court will rule on the application for postponement at the hearing.

Application for a videoconference

The application for a videoconference must be submitted to the court as soon as you learn the details justifying such an application.

The application must indicate:

  • The record number(s).

  • The given name and surname of the party who filed the application, as well as his or her contact information (home and electronic addresses, and telephone number).

  • The reasons that justify a videoconference.

  • The given name and surname of the remote participant, as well as his or her contact information, in the case of an application for testimony given by videoconference while the parties are with the commissioner.

  • The expected duration of the videoconference.

  • Whether the opposing party did or did not consent to the videoconference.

  • Any other useful information.

A copy of the application must be sent to the opposing party.

The application will be submitted to the commissioner assigned to the case, or failing this, to the vice president, and will be analysed according to the stated criteria. The application for a videoconference will not be granted based solely on the consent of the parties.

The commissioner or the vice president, if applicable, may specify terms and conditions deemed necessary for the sound management of the videoconference hearing.

If the application is accepted, the applicant must follow the procedure for filing evidence before a hearing.

If the application is rejected, the party must appear at the location indicated on the notice of hearing.