Understanding the Discontinuance or Agreement Form for the Tribunal

Understanding the Discontinuance or Agreement Form for the Tribunal administratif du logement

If you are involved in a housing dispute or rental matter before the Tribunal administratif du logement (TAL) in Canada, you may need to submit a Discontinuance or Agreement form. This official document, identified by the code TAL-013A-E, is used to formally notify the Tribunal that the parties involved have reached an agreement or wish to discontinue their case. This article provides a detailed overview of the purpose of this form, who should fill it out, how to complete it correctly, and important tips to ensure your submission is accepted without delays.

What is the purpose of the Discontinuance or Agreement form?

This form serves two main functions:

• Discontinuance: It indicates that one or more parties wish to withdraw their application or claim before the Tribunal, effectively closing the case record.
• Agreement: It confirms that the parties have reached a settlement or agreement concerning the housing matter and wish to have this agreement recognized by the Tribunal.

Filing this form signals to the Tribunal that the case is resolved or no longer active, except if a party requests to keep the record open or suspended for future proceedings.

Who should fill out this form?

This form is intended for parties involved in a housing dispute under the jurisdiction of the Tribunal administratif du logement, such as landlords and tenants. Specifically, the form requires:

• Parties involved: The plaintiff(s) and defendant(s), identified by their full names and addresses.
• Parties' signatures: All parties involved must sign the form to confirm their agreement or discontinuance.
• Application details: The record number and application number associated with the case.

If you are representing yourself or acting through an agent, ensure that all signatures and information are accurate and complete to avoid processing delays.

How to complete the form correctly

Completing the Discontinuance or Agreement form involves several key steps:

1. Fill in the address of the property: Include the street number, street name, apartment number (if applicable), city or municipality, and postal code.
2. Identify the parties: Provide the full names of the plaintiff(s) and defendant(s). Indicate whether they are the landlord or tenant, or other relevant parties.
3. Indicate the nature of the submission: Check whether you are requesting a discontinuance or confirming an agreement.
4. Signatures: All parties must sign and date the form. Ensure signatures are clear and dates are correct.
5. Record and application numbers: Include the case's record number and application number as provided by the Tribunal.

It is important to review the form carefully for completeness and accuracy before submitting. Incomplete or incorrect forms may be rejected or cause delays.

Submitting the form and important considerations

The completed form can be submitted to the Tribunal administratif du logement either in person, by mail, or through the Tribunal's digital platform if available. When submitting, ensure you keep copies for your records.

Note that once the form is filed, the case record is closed unless a party requests the Tribunal to suspend or reopen proceedings. If the parties wish to keep the case active or resume proceedings in the future, they must submit a written request to the Tribunal.

Additionally, if the agreement is made during a hearing and signed by all parties, the Tribunal may ratify it, giving it the same effect as a formal decision, provided it complies with legal requirements.

Common errors to avoid

• Failing to obtain signatures from all involved parties.
• Providing incorrect or incomplete case or application numbers.
• Not including the full address of the property involved.
• Submitting the form without reviewing for clarity and completeness.

By carefully completing and submitting this form, you help ensure that your case is properly closed or settled, and that the Tribunal's records accurately reflect the current status of your housing matter.