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Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"
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Dispute Resolution in Residential Tenancies (19:X) (view source)
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A party who submits evidence must keep an exact copy of the evidence they submitted for not less than two years after the date on which the dispute resolution proceeding, including any reviews, concludes. The RTB will not return copies of evidence submitted during the dispute resolution process. | A party who submits evidence must keep an exact copy of the evidence they submitted for not less than two years after the date on which the dispute resolution proceeding, including any reviews, concludes. The RTB will not return copies of evidence submitted during the dispute resolution process. | ||
Evidence should be clearly marked and numbered so that all parties involved can easily locate the relevant documents when necessary. If evidence submitted is not in an acceptable format or quality to support a fair and appropriate dispute resolution process, the arbitrator may require the person who submitted the evidence to resubmit it in a different format or resubmit exact copies. | Evidence should be clearly marked and numbered so that all parties involved can easily locate the relevant documents when necessary. If evidence submitted is not in an acceptable format or quality to support a fair and appropriate dispute resolution process, the arbitrator may require the person who submitted the evidence to resubmit it in a different format or resubmit exact copies. | ||
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If a witness cannot attend, the Arbitrator may accept affidavits (however, written statements may suffice) and may take testimony over the phone. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can then request in advance or at the hearing that the Arbitrator summon that witness (RTB Rules of Procedure s. 5.3 - 5.5). | If a witness cannot attend, the Arbitrator may accept affidavits (however, written statements may suffice) and may take testimony over the phone. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can then request in advance or at the hearing that the Arbitrator summon that witness (RTB Rules of Procedure s. 5.3 - 5.5). | ||
The applicant should always submit proof of service (i.e. proof that the other side received the Notice of Hearing package) to the RTB. The proof of service will have to be presented if the respondent does not attend – to prove that the applicant served the Notice of Hearing on the respondent. If it was served in person, the person who served the documents should be at the hearing or should have provided an affidavit of service to the applicant. Proof of service of any evidence not served with the Notice of Hearing should also be submitted to the RTB. | The applicant should always submit proof of service (i.e. proof that the other side received the Notice of Hearing package) to the RTB. The proof of service will have to be presented if the respondent does not attend – to prove that the applicant served the Notice of Hearing on the respondent. If it was served in person, the person who served the documents should be at the hearing or should have provided an affidavit of service to the applicant. Proof of service of any evidence not served with the Notice of Hearing should also be submitted to the RTB. | ||
===''' 4. The Arbitrator’s Decisions '''=== | ===''' 4. The Arbitrator’s Decisions '''=== | ||
