You went before the Régie du logement to plead your case. A few weeks later, you receive the commissioner’s decision by mail. After reading it, two options are available, depending on whether you are the applicant or the defendant.

Applicant:

• you accept the decision and want it to be executed;
  
• you are dissatisfied with the decision and want to contest it.

Defendant:

• you are dissatisfied with the decision and want to contest it;
  
• you can comply with the decision and execute it.

If you wish to contest a commissioner’s ruling, three categories of recourse are available to you:

1. Before the Régie, you can request one of the following:

• correction
  
• revocation
  
• review

2. An appeal to the Court of Québec.

You must obtain permission from a judge of the Court of Québec to appeal. In certain cases, an appeal is not permitted. For example, if the claim is for an amount of $7000 or less, the appeal won’t be heard.

3. A motion for evocation to the Superior Court.

Correction is meant to rectify an error made by the commissioner. For example, the commissioner may have made a calculation error, omitted something, forgotten to sign the decision, or failed to adjudicate (decide) on a part of the application.

You cannot request a correction of the decision in the following three cases:

• you asked the Régie to fix the rent;
  
• your case is under review or appeal;
  
• the commissioner’s decision has already been carried out.

To obtain a correction, you must go to the Régie du logement with a certified copy of the decision as quickly as possible. The commissioner may correct the error on the spot if you can clearly identify it. If this cannot be done, you must duly complete an application for correction and submit it to the Régie within ten days of obtaining the decision. There is a cost involved for making an application, but it will be reimbursed if the commissioner agrees that you are correct and that an error was made.

When you request the revocation of a decision, you are asking the Régie du logement to cancel its ruling and render a new one. You can apply for revocation if:

• you believe the decision would have been different had you attended the hearing;
  
• you believe the decision would have been different if you hadn't been prevented from presenting evidence due to fraud or surprise;
  
• the Régie failed to rule on part of your application;
  
• the Régie has ruled beyond what was requested in the application (e.g., it granted $ 2000 in damages to the opposing party when the application only sought $ 1000).

Your application for revocation must be made within ten days of receiving the decision. You may have to pay a fee, but it will be reimbursed if the revocation is granted.

Applications for review can only be made in cases that involve fixing the rent. If you are dissatisfied, you can apply for a review with the Régie du logement. Two commissioners will hear your case a second time. You must apply for the review within one month of receiving the decision. In your application, make sure to include all the reasons why you are contesting the initial decision because during the hearing, the commissioners will only listen to arguments listed in the application.

Yes. You must serve the other party with a copy when you file an application with the Régie du logement. Serving involves sending a copy of the application to the opposing party so that she may prepare for the hearing.
You can serve the party through:

• a bailiff;
  
• registered mail;
  
• certified mail.

Yes, this might be possible. The time limit for contesting a decision before the Régie du logement (correction, revocation, or review) may be extended by a commissioner upon a party’s request if the extension can be justified on reasonable grounds.

In situations where you cannot apply for the correction, revocation, or review of a decision made by a commissioner, you can usually appeal the decision to the Court of Québec.

The right to appeal a commissioner’s decision to the Court of Québec is not automatic. First, you must submit a document asking the court for permission to appeal. This document must be sent to the other party and filed in the office of the court within thirty days of the date the original decision was rendered.

Almost any type of decision of the Régie du logement can be appealed to the Court of Québec. Those that cannot be appealed are as follows:

• decisions where the sole object of the application is the fixing of rent;
  
• decisions where the sole object of the application is the recovery of a debt of $ 7000 or less;
  
• applications concerning the dismemberment of a housing complex, conversion into divided co-ownership, and demolition;
  
• applications requesting authorization to deposit the rent.

When you appeal a decision before the Court of Québec, your initial application is heard once again. A hearing before this court is quite expensive, and the legal procedures involved are complex.

In extraordinary circumstances, there is a recourse to the Superior Court called "evocation". It can only be used when you have reason to believe that the Régie du logement acted beyond its competency, rendered a decision that was outside its jurisdiction, or when a commissioner acted in an unreasonable, discriminatory, or arbitrary manner. For example, a commissioner is not competent to award compensation for damages suffered during a fight between the landlord and tenant if the hearing is an application for the fixing of rent. His decision can therefore be the object of a motion for evocation.