The jurisprudential trends of the Tribunal administratif du logement (TAL)

Some people who come to the TAL may find that decisions handed down on the same legal issue reflect different approaches to jurisprudence.

Faced with this reality, CAAP Montérégie advisors make a sustained effort to follow the evolution of these opposing jurisprudential trends and to inform the tenants of private seniors’ residences (RPAs) who consult them. This information enables residents to exercise their rights in a more enlightened manner, taking into account trends likely to influence the outcome of their recourse.

It is important to remember that the TAL is a specialized administrative tribunal, established by the Loi sur le tribunal administratif du logement, and charged with hearing the majority of applications relating to the lease of a dwelling. As is the case with other administrative tribunals, the members of the TAL are masters of the conduct of their cases and are not formally bound by the decisions rendered by their colleagues. That said, the law entrusts the Chairman of the Tribunal with the responsibility of encouraging the participation of members in the development of the Tribunal’s general guidelines, in order to maintain a high level of quality and consistency in decisions” (article 91).

This mission takes on particular importance in a context where, according to the TAL 2019-2020 annual report, almost 85% of parties are not represented by counsel. This situation complicates the exercise of the right of appeal, especially as it is subject to an authorization procedure that already limits access to this recourse.

Faced with this prospect, RPP tenants can call on the services of CAAP Montérégie, to obtain information on relevant case law and how the process unfolds before the Tribunal. As each situation is unique, a complete presentation of the facts and a process carried out in good faith remain important elements to consider in any procedure.