Dispute Resolution in Residential Tenancies (19:XII)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024.

A. General

The formal dispute resolution process may be avoided in cases where the application of the law is clear. For example, an Information Officer might call a landlord and tell them that landlords are required by law to provide rent receipts if the tenant pays rent in cash. The Information Officer will not take on the role of an Arbitrator and will only explain the Legislation, and will not assist with completing forms.

Dispute resolution is the formal method of resolving disputes between landlords and tenants. Any party going to dispute resolution may be represented by an agent, advocate, or lawyer. The Arbitrator may require a representative to provide proof of their appointment to represent a party and may adjourn a dispute resolution hearing for this purpose. To understand the procedure, advocates should read the dispute resolution Rules of Procedure that are available on the Residential Tenancy Branch website. These Rules of Procedure are revised occasionally, usually without any notice or announcement.

1. Disputes Covered by Dispute Resolution

Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (RTA, s 58). A court does not have and must not exercise any jurisdiction in respect of a matter that must be submitted to dispute resolution before the RTB. The exceptions are as follows, where the RTB has no jurisdiction:

• the monetary claim for compensation under the following sections of the RTA exceeds $65,000 (RTA, s 58(2)(a.1)), which each provide for compensation equalling 12 months’ rent:
  • 51 (1) or (2) (tenant’s compensation: section 49 notice);
  • 51.1 (tenant’s compensation: requirement to vacate);
  • 51.3 (tenant’s compensation: no right of first refusal);
  • 51.4 (tenant’s compensation: section 49.2 order).
• any other monetary claim exceeds the monetary limit prescribed under the Small Claims Act, RSBC 1996, c. 430, s 3, which is $35,000 (RTA, s 58(2)(a));
• the dispute is linked substantially to a matter that is before the Supreme Court (RTA, s 58(2)(d)); or
• the dispute involves the Human Rights Code, RSBC 1996, c 210 or a constitutional question (RTA, s 5.1(c) and (d)).

If a participant’s monetary claim is over the applicable limit, they can bring the dispute into the RTB’s jurisdiction by abandoning the amount that exceeds the limit (RTA, s 58(2.2)).

Some issues that may apparently be under the exclusive jurisdiction of the RTA may still be grounded in a different source of law. In such cases, a tenant may be able to elect to proceed with their claim either as an RTB dispute or as a different kind of civil claim that falls under the inherent jurisdiction of another court. For example, if a tenant’s claim can be successfully characterized as a claim in negligence, they may be permitted to proceed with an action in Supreme Court. See Janus v The Central Park Citizen Society, 2019 BCCA 173 at paras 23-29.

2. Arbitrators

Arbitrators are like judges and base their decisions on evidence and arguments presented by the parties at the dispute resolution hearing. Arbitrators are only bound by legal precedent established by the court; past RTB decisions are not binding but may be persuasive The RTB’s Policy Guidelines are more strongly persuasive albeit not fulling binding (Powell v British Columbia (Residential Tenancy Branch), 2016 BCSC 1835 at para 33).

Arbitrators are not required to have any formal legal training, though some may. Students intending to make legal arguments should be prepared to do so using as much plain language as possible, but should take care to specifically refer to all relevant law, regulation and policy, and apply those to the facts.

An Arbitrator has authority to make any findings of fact or law necessary to resolve disputes that arise under the RTA or a tenancy agreement (RTA, s 62(2)). Arbitrators may assist the parties or offer the parties an opportunity to settle their dispute during a hearing (RTA, s 63). They can record agreements reached by the parties, sign off on the agreement, and record the settlement as an order. Except as otherwise provided by the RTA, a decision of the director is final and binding (RTA, s 77(3)).

3. Joint Hearings

The RTB cannot make orders for landlords and tenants not participating in a hearing, so class action lawsuits do not exist for RTB hearings. However, tenants can seek a joint hearing where they can join their claims into a single hearing. If several tenants seek a joint hearing, under the RTA, they must file separately for Dispute Resolution then apply to join their claims together. The scheduled hearing date may include a preliminary hearing to allow the parties to argue why the matters should or should not be joined. Arbitrators can also decide to hear the cases jointly without the consent of the landlord.

For more information on joint RTB hearings, see this webpage.

4. Limitation Dates

The general limitation period for filing a claim at the RTB is two years from the end of the tenancy to which the dispute relates (RTA, s 60) unless otherwise provided for in the RTA. Most of the other limitation dates apply to eviction disputes and are much shorter, ranging from a few days to one month.

If an application for dispute resolution is made past the expiry of the limitation period, it will be dismissed regardless of its chances of success.

B. Dispute Resolution Procedure

1. Applying for Dispute Resolution

A landlord or tenant who wants a government-appointed Arbitrator to settle a dispute must complete an application for dispute resolution. Most applications for dispute resolution are filed online through the RTB website. Applicants can also apply in person by submitting a paper application for dispute resolution form in person at the RTB office or any Service BC office. Note that there are separate forms for the landlord and the tenant.

Online applications can be paid with a credit card or an online debit card. Applicants wishing to apply for a fee waiver must also upload proof of income through the online portal or submitting it in person. The application will not be considered made until the applicant has paid the filing fee or submitted the documents required for a fee waiver.

The RTB created a Monetary Order Worksheet, form RTB-37, which is mandatory when applying for a monetary order. The worksheet number is available online here.

For more information about how to apply for dispute resolution and request a fee waiver, see here.

Evidence must be submitted with the application.

a) Naming Parties on an Application

Individuals should be named by their full legal names. Businesses should be named using the full legal name of the business, which may include an indication of the type of legal structure the business operates under and may be a numbered corporation. Where a business carries on business under a name other than the legal name of the business, the party can be named as “doing business as” (“dba”) the other name.

b) Documents Required at the Time of the Application

To the extent possible, the applicant must submit the following documents at the time the application is submitted, or within three days if making the application online (RTB ROP, Rule 2.5):

• a detailed calculation of any monetary claim being made;
• a copy of the Notice to End Tenancy, when the applicant seeks and order of possession or to cancel a Notice to End Tenancy; and
• copies of all other documentary and digital evidence to be relied on in the proceeding, subject to the rules about new and relevant evidence.

In practice, the requirement to submit all available evidence at the time of making the application is less strictly enforced for tenants disputing notices to end tenancy.

c) Amending an Application for Dispute Resolution

In certain circumstances, applications for dispute resolution that have already been submitted can be amended. Amended applications must be related to existing issues raised in the original application.

To amend an application for dispute resolution, the applicant completes the form RTB-42, Amendment to an Application for Dispute Resolution, and submits that form along with any accompanying evidence to the RTB. Once the RTB approves the application, the applicant serves the other party with a copy of the application and supporting evidence, not less than 14 clear days before the hearing. Note that as the application must be served on each party 14 clear days before the hearing, and it takes time to have the application approved, it is advisable to apply to amend as soon as possible so as to meet these deadlines.

To learn more about amending an application, see here.

d) Direct Requests

In a direct request, the RTB makes an order through a written application alone, without a participatory hearing.

A tenant can make a direct request for the return of their deposit(s) when they gave the landlord their forwarding address in writing at the end of the tenancy, and, within 15 days after the receipt of the forwarding address, the landlord has not returned the outstanding deposit(s) or made an application to retain part or all of the deposit: see RTB PG 49.

A landlord may make a direct request for an order of possession if the tenant has not disputed the notice to end the tenancy by the deadline. In the case of a notice to end tenancy for non-payment of rent, the landlord can also make a direct request for an order to pay rent: see RTB PG 39.

2. Notice of Dispute Resolution Proceedings Package

After applying for dispute resolution, the RTB will provide the applicant with a Notice of Dispute Resolution Proceedings Package that must be served to the respondent within three days of receipt (RTB ROP, Rule 3.1). The package served to the respondent must contain the following:

• the Notice of Dispute Resolution Proceeding provided to the applicant by the Residential Tenancy Branch, which includes the Application for Dispute Resolution;
• the Respondent Instructions for Dispute Resolution;
• any fact sheets provided by the Residential Tenancy Branch; and
• any other evidence submitted with the application.

The applicant should always submit proof that the respondent received the Notice of Dispute Resolution Proceeding Package to the RTB. The proof of service will have to be presented if the respondent does not attend to prove that the respondent was served. If the package was served in person by someone else, the person who served the documents should be at the hearing or should provide an affidavit of service to the applicant. Proof of service of any evidence not served with the package should also be submitted to the RTB.

3. Evidence

a) Definition

The rules of evidence do not apply to dispute resolution hearings (RTA, s 75), and the definition of evidence for the purposes of dispute resolution hearings includes written legal submissions that would not otherwise count as evidence under the rules of evidence. The Arbitrator has the discretion to decide whether evidence is or is not relevant to the issues identified on the application and may decline to consider evidence that they determine is not relevant.

All evidence must be relevant to the claims being made in an application for dispute resolution.

b) Evidence Deadlines and Submission Methods

In general, all the applicant’s evidence must be received by the RTB and the respondent no less than 14 days prior to the hearing (RTB ROP, Rule 3.3). The respondent’s evidence must generally be received by the RTB and the applicant no less than 7 days before the hearing (RTB ROP, Rule 3.15).

Note that deadlines may differ for some types of dispute resolution proceedings. See, for example, Rule 11 regarding additional rent increases for capital expenditures.

Arbitrators have the authority to extend the time limit to serve the Notice Package and/or evidence if they find that the Package was sufficiently served for the Act on a later date. Evidence can be submitted online, in person or by mail or fax.

(1) Online

Where possible, parties should submit evidence digitally. Parties can submit evidence online using the dispute access site any time before the deadline. Note that RTB imposes restrictions on the format, size, or amount of evidence submitted or exchanged during the dispute resolution process. For more information visit here.

A party must submit digital evidence together with an accompanying description and comply with 3.10.1 of the RTB Rules of Procedure. Parties who serve digital evidence on other parties must provide the information required under Rule 3.10.1 using Digital Evidence Details (form RTB-43) and in a manner that is accessible to the other party. Parties should always confirm that the other party and the RTB have gain access to the digital evidence before the hearing. No additional evidence may be submitted after the dispute resolution hearing starts, except as directed by the arbitrator.

(2) In person

Evidence can be submitted at any Service B.C. office, or at the Residential Tenancy Branch office in Burnaby. The applicants will need their file number and dispute access code.

Parties who submit digital evidence in person must do so by providing a copy of the evidence on a memory stick, compact disk, or DVD, or using a method requested by the RTB or Service BC with a printed accompanying description.

(3) Mail or Fax

Evidence can be mailed to “Residential Tenancy Branch #400-5021 Kingsway, Burnaby, B.C. V5H 4A5” or fax to 604-660-2323 (lower mainland) or 1-866-341-1269 (outside the lower mainland).

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.

c) Calculation of “Days”

The definition of “days” from the Rules of Procedure includes the following:

1. If the time for doing an act falls or expires on a holiday, the time is extended to the next day that is not a holiday.
2. If the time for doing an act in a government office falls or expires on a day when the office is not open during regular business hours, the time is extended to the next day that the office is open.
3. In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months or years, the first and last days must be excluded.
4. In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included.

d) Late Evidence

Rule 3.17 requires that both parties must have the opportunity to be heard on the question of prejudice arising from accepting late evidence. In Khan v Savino, 2020 BCSC 555, the applicant was late to the 14-day deadline by one day but the arbitrator failed to seek submissions regarding prejudice arising from accepting the late evidence from both parties at the hearing. This was a ground for voiding the result at the dispute resolution and returning the decision to the RTB for re-determination.

e) Witness Statements

If a witness cannot attend or take testimony over the phone, the Arbitrator may accept affidavits, although written statements may suffice. If a party thinks a witness has something to contribute to their case but the witness refuses to cooperate, the party can request in advance or at the hearing that the Arbitrator summon that witness (RTB ROP, Rules 5.3 – 5.5).

4. The Dispute Resolution Hearing

Hearings are a formal process, though less formal than court. The RTB uses the dispute resolution Rules of Procedure. The RTB publishes Policy Guidelines intended to assist Arbitrators in interpreting and applying the law.

These are useful for preparing for a hearing, but Arbitrators have the discretion to decide when and how to apply Policy Guidelines. Most RTB hearings are now conducted via telephone. However, there are still some in-person or written hearings.

a) Telephone Hearings

Parties should join the conference call in a quiet place where they will not be interrupted. Parties should try to call about 5 minutes before the start of the hearing. It is important that parties check they have the correct telephone code. If a hearing has been adjourned or continued from an earlier hearing, the code may be different than the previous one.

Telephone hearings are usually scheduled for one hour exactly. If the hearing is not finished at this time, the Arbitrator may extend the hearing or schedule another conference call to continue the hearing. This may be several weeks or months after the first hearing. It is important that parties be focused on the outcome they wish to achieve and that their documents are carefully organized and page numbered so that time is not wasted searching for documents and other evidence.

b) In-Person and Written Hearings

In-person or written hearings are rare and will generally only occur at the request of one or both parties, to account for unusual circumstances or needs of one or both parties. For more information on alternative hearing formats, see RTB Policy Guideline no. 44: “Format of Hearings”.

c) Expedited Hearings

Expedited hearings are for applications that are very urgent and if it would be unfair for the applicant to wait for a standard hearing.

They are limited to the following matters:

• An early end to a tenancy for very serious breaches by the tenant;
• An order of possession for a tenant when there has been an illegal lockout; and
• Emergency repairs for safety and security (which excludes mould).

Usually, the branch tries to schedule them for a hearing within 12 days from the date the application is made. In cases where there is evidence that violence has occurred, health and safety are severely jeopardized or there is a demonstrable immediate danger or threat, the branch may schedule it for a hearing within six days.

Applicants should not apply for expedited hearings if their dispute does not fulfill the requirement of an expedited hearing. To ensure that expedited hearings are reserved for urgent matters, the RTB will contact applicants who have not disclosed reasonable grounds for making the expedited hearing application with suggestions on amending their application; if the applicant does nothing, the RTB may dismiss their application under Rule 10.1.3 (RTB PG 51). Delays from reapplying because of such a dismissal can cause an applicant to miss the limitation date.

More details including how to apply are available online here.

d) Facilitated Settlement

The RTB may schedule a dispute resolution application to be first processed by facilitated settlement. At a facilitated settlement conference, a case facilitator helps the parties resolve the dispute through negotiation and agreement rather than argumentation. Evidence and document service deadlines still apply, and attendance is mandatory if the dispute is scheduled for facilitation.

If the parties fail to reach an agreement, the dispute proceeds to a participatory hearing. For more information about facilitated settlement conferences, see here.

5. The Arbitrator’s Decisions

The Arbitrator may render a decision at the end of the hearing and will make a written decision following the hearing. Pursuant to s 77(1) of the RTA, the written decision and reasons must be provided within 30 days. If a party, pursuant to s 78 of the RTA completes a form requesting correction of a technical error, omission, or clarification within 15 days of the decision being given, such amended decision or clarification must be provided within 30 days.

The Arbitrator’s order is final and binding but may be reviewed in limited circumstances (s 79).

6. Amendments to Decisions/Orders

On an Arbitrator’s initiative, or at the request of a party, the Arbitrator may correct technical errors, or within 15 days, clarify a decision, reason, or inadvertent omissions in a decision or order the Arbitrator may also require that notice of a request be given to the other party. The Arbitrator shall not exercise this power unless the Arbitrator considers it just and reasonable in the circumstances (RTA, s 78(3)).

The RTB continues to amend its Policy Guidelines on key issues under the RTA. There are now over 40 detailed RTB Policy Guidelines available that ensure more consistency in dispute resolution decisions, and which should be reviewed in preparation for any hearing. They can found online here.

C. Serving Documents: Giving and Receiving Notice under the RTA

The rules for serving the other party with documents depend on what is being served, and who is being served. This section sets out the basics of service, but for more detail or to check the requirements for your specific situation, you may need to check the Residential Tenancy Branch’s Residential Tenancy Policy Guideline 12.

1. Service Methods

Generally, items can be served in any of the ways listed below. Some items must be served in particular ways. For details on items that must be served only in certain ways, see the relevant section below.

Different service methods are “deemed” or considered served at certain times after the date on which they are served. Note that, if there is proof that the document was actually received earlier than the date it is deemed to be received, the document may be considered received on the day it was actually received.

a) Personal Service

For tenants serving a landlord, the tenant must serve by leaving a document by leaving a copy with the landlord or landlord’s agent. For a landlord serving a tenant, the landlord must leave a copy with the tenant, and in a case with multiple tenants, with each co-tenant separately.

Personal service requires physically handing a copy of the document to the person being served, and, if the person declines the document, leaving a copy of the document near the person, and informing the person being served of the nature of the document.

Persons can be served anywhere the person serving has legal access to, including in public streets and other publicly- or privately-owned areas open to the public.

b) Registered Mail

You may serve these items by sending them by registered mail (any Canada Post service with delivery confirmation to a named person) to the address for service of the other party. For landlords, this is where the landlord lives or carries on business as a landlord. This address may be listed on the lease or other document related to the tenancy. For tenants, this is the address where the tenant resides at the time of mailing, or the forwarding address provided by the tenant.

Records indicating that a person refused to accept a piece of registered mail are considered proof of service. Registered mail is deemed received on the fifth day after mailing.

c) Ordinary Mail

This method is the same as service by registered mail, except that it is sent by ordinary postal service. Ordinary mail is deemed received on the fifth day after mailing.

d) Leaving a Copy of the Document at the Person’s Residence with an Adult Person who Apparently Resides with the Person to be Served

This method involves leaving the document with a person 19 years or older who, from what can be seen, observed, and is evident from all the circumstances, resides with the person to be served. Such documents are considered personally served, and so considered served on the day they are delivered.

e) Leaving a Copy of the Document in a Mailbox or Mail Slot

This method involves leaving the document in a mailbox or mail slot. For serving tenants, this would be the place where the person to be served resides at the time of service. For landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy the tenant is contesting, or the place where the person to be served carries on business as a landlord. You must make sure that the mailbox or mail slot truely belongs to the person being served, particularly where there are multiple boxes or slots for one building.

Documents left in a mailbox or mail slot are considered served on the third day after they are left.

f) Posting

This method involves attaching a copy of the document to a door or other conspicuous place (a place that is clearly visible and likely to attract notice or attention). Placing a copy of the item under a door is not sufficient for service by “posting”. For serving tenants, this would be where the person resides at the time of service, and for serving landlords, this would be at the address for service identified in the tenancy agreement or on the Notice to End Tenancy that the tenant is contesting, or the place where they carry on business as a landlord.

Documents served by posting are considered served on the third day after they are attached.

g) Fax

You can serve a party by fax if they have provided a fax number as their address for service.

Documents served by fax are considered served on the third day after faxing them.

h) Substituted Service

If none of the above options are feasible, the Residential Tenancy Branch may order another type of service. In applying for substituted service, you must show that the party being served cannot be served by any of the methods listed and that there is a reasonable expectation that they will receive the documents if served in the manner being proposed.

i) Email

You can serve a party by email to an email address provided for service. The documents are considered served 3 days later when the tenant does not say or show that they received it on an earlier date.

2. Requirements for Specific Documents

a) Application for dispute resolution or Residential Tenancy Branch decision to proceed with a review of a decision

These items, except for applications by landlords for an order of possession or an order ending a tenancy early, may only be served by personal service, registered mail, or by another service method authorized by an order for substituted service.

b) Application by a landlord for an order of possession or an order ending tenancy early

These items can only be served by personal service, registered mail, posting, or by another service method authorized by an order for substituted service.

3. Address at Which the Landlord Carries on Business as a Landlord

To quote from RTB policy guideline #12: “A landlord may operate a business as a landlord from one location and operate another business from a different location. The Legislation does not permit a tenant to serve a landlord in one of the ways set out above at the address where the landlord carries on that other business unless the landlord also carries on their business as a landlord at that same address.

If the landlord disputes that they have been served in one of the permitted ways at the address where they carry on business as a landlord, or if the landlord does not attend the hearing, the tenant will have to provide sufficient evidence to the Arbitrator to prove that the address used is, in fact, the address at which the landlord carries on business as a landlord” (RTB PG 12).

The address at which the landlord carries on business as a landlord may be:

• Set out in the tenancy agreement;
• The landlord’s office or resident manager’s suite in an apartment building;
• The address where the landlord resides;
• A separate business address in an office or storefront location.

4. Proof of Service

Where service has been affected and a party fails to appear at a hearing, the other party should be prepared to prove that service was affected.

For personal service, this can be done by having the person who actually served the other party appear as a witness at the hearing or provide a signed statement with details about service. For personal service on another adult apparently residing with the other party, details should be included about the date and time of service, identity of the person served, and description of how it was confirmed that the person apparently resides with the party being served.

For registered mail, a Canada Post tracking printout providing information about the delivery of the registered mail item and the signature of the recipient will suffice. Policy Guideline 12 states that intentional refusal to pick up registered mail does not rebut the deemed receipt provisions, so if the tracking report shows that the mail was refused by the recipient, a party should still be able to argue that the documents were properly served. Proof of service by other methods should include details about the date, time, identity of persons served, address where notice was posted, fax number or mailbox information, and any other relevant information. Photographs of service can be valuable in proving that service occurred.

D. Review of Arbitrator’s Decision

1. Application for Review of Arbitrator's Decision

Under the RTA, s 79(2), an application may be made for Review of the Decision or Order, only if:

1. the party was not able to attend the original hearing due to circumstances that could not be anticipated and were beyond their control;
2. there is new and relevant evidence that was not available at the time of the original hearing; or
3. a party has evidence that the Arbitrator’s decision or order was obtained by fraud.

The Application for Review does not include an oral hearing. The written application for review must, therefore, be complete and exact, with all necessary documents attached. Note that an Application for Review is not an opportunity to re-argue the facts of the case.

Other grounds of review made available through RTB PG 24 are as follows:

• material evidence submitted late and not before arbitrator;
• administrative procedural error;
• technical irregularity or error;
• the Arbitrator did not determine a required issue;
• the Arbitrator did not have jurisdiction to determine an issue.

NOTE: There is a filing fee, which cannot be recovered, but which can be waived under the same circumstances for which the original application fee can be waived.

NOTE: Martin v. Barnett, 2015 BCSC 426 stands for the principle that a party must exhaust statutory review procedures before bringing an application for judicial review, but where the RTB does not have the power on reconsideration to encompass the alleged error (i.e. where the alleged error does not fall within one of the three grounds for Review Consideration described above), then reconsideration cannot be considered an adequate alternative to judicial review, and a party is permitted to proceed directly to judicial review. Where the error does fall within the reconsideration power of the RTB, the party must bring a reconsideration application. If they are dissatisfied with that result, a party can judicially review the review consideration decision. Wang v. Hou, 2019 CBC 353 adds that procedural fairness issues that cannot be raised on reconsideration can be the basis for independent judicial review of both original decisions and review consideration decisions if either raise procedural fairness issues.

2. Time Limits for Starting a Review Consideration

There are strict time limits in the RTA for launching a review. For orders of possession (s 54, 55, 56, 56.1), unreasonable withholding of consent (s 34 (2)) and notices to end tenancy for non-payment of rent (s 46) the time limit is two days. For a notice to end a tenancy agreement other than under s 46, repairs or maintenance under s 32, and services or facilities under s 27, the time limit is five days. For other orders, the time limit is 15 days (RTA s 80). If multiple time limits apply, the review application must be made within the shortest period that applies (RTB PG 24).

A review application is not a stay of proceedings but can act as one since court enforcement of an Arbitrator decision requires the landlord/tenant applying for the enforcement to swear to court that they have confirmed with RTB that there is no review application consideration pending. A stay of proceedings can also be requested separately through the Supreme Court.

3. Successful Application for Review

If a party is successful in their Application for Review, that person will receive a written decision from the Arbitrator permitting the review to proceed. The original decision would be set aside, and a new hearing date would be scheduled.

The Arbitrator’s decision permitting review must be served on the other side within three days of receiving the decision. The same method of service must be used as outlined above for a Notice of Hearing package.

4. Review by the Supreme Court of B.C.

An Arbitrator’s decision can also be reviewed by the Supreme Court of B.C. under the Judicial Review Procedure Act, RSBC 1996, c 241. The RTA contains a privative clause (s 84.1) which narrows the scope of the review. It is not a new trial. The Supreme Court of B.C. generally would conduct a review if there were:

• Patently unreasonable error of fact or law; or
• Breach of procedural fairness.

When a decision is overturned by the court, the case is usually returned to an Arbitrator to be reheard. Due to the complexity of operating in the B.C. Supreme Court, a lawyer should be involved for a judicial review in B.C. Supreme Court. It is important to get legal advice and act quickly. The Community Legal Assistance Society (CLAS) (604-685-3425) is available to assist with judicial reviews of Arbitrators’ decisions where the decision relates to an eviction notice. TRAC’s Housing Law Clinic may also assist with judicial review of RTB Decisions. For more information on grounds on grounds for judicial review, see here.

NOTE: Losing a judicial review may result in an award of costs, meaning that the losing party must pay the legal costs of the other party.

5. Filing Complaints to the RTB

Complaints about information officers, dispute resolution hearings, or general services of the RTB must be put into writing and email to HSRTO@gov.bc.ca or mailed to the Executive Director of the RTB:

P.O. Box 9844 Stn Prov Govt Victoria, B.C. V8W 9T2

Complaints can also be made to the BC Ombudsperson.

Note that the BC Ombudsperson does not review decisions; they can only investigate complaints where a person feels that RTB staff has treated them unfairly.

E. Enforcing the Arbitrator’s Order

NOTE: If a successful party has any concerns about the ability to serve an order, they should request an order under RTA, s 71(1) and (2) permitting alternate means of service. An example of such an order would be one that permits serving a document at a tenant’s workplace rather than at their new home.

1. Enforcing a Monetary Order

The Arbitrator may order the tenant or landlord to pay a monetary amount or to bear all or part of the costs of dispute resolution (RTA, s 67). Enforcement of the order is the sole responsibility of the applicant. If the monetary order is in favour of a tenant still living in the rental unit owned by the landlord that the order is against, the Arbitrator may direct the tenant to deduct the award from the rent (RTA, s 65(1)(b)). Rent should not be withheld unless the decision explicitly states this is allowed. If the monetary order is in favour of a landlord still holding all or part of the security deposit paid by the tenant, it may be deducted from the tenant’s security deposit. If neither of these situations applies, one should give the other party a written request for payment stating the amount owing and requesting payment by the date on the order or within a reasonable time.

If the other party still does not pay, the order can be filed in the Small Claims Court.

2. Enforcing a Repair Order

If a landlord fails to make repairs as ordered by an Arbitrator, the tenant can apply for an order requiring compliance. The order to comply may include an order that the landlord reduces the rent until the repairs are complete.

3. Enforcing an Order of Possession

The purpose of an Order of Possession is to gain vacant possession of the rental premises. The landlord should first give a copy of the Order of Possession to each person named in the order. The best way to do this is to hand the copy to the other parties personally or by registered mail. The RTA also permits for the Order of Possession to be posted on the tenant’s door. The tenant should be asked to move out of the rental unit within the period given in the order. If a tenant does not comply with the order, the landlord must not attempt to physically remove the tenant by their own means (RTA, s 57(2)), as this is unlawful. Bailiff services, described below, can be used to lawfully remove the tenant.

a) Use of Bailiff Services

If the tenant does not comply with the order and does not vacate the rental unit on the date specified on the order, the Order of Possession can be filed in the Supreme Court of B.C. Registry. The landlord must obtain a Writ of Possession in Supreme Court and contact a court bailiff service. The Writ of Possession can then be executed by the court bailiff.

Court bailiffs carrying out an eviction can seize and sell tenants’ personal property to pay their fees. Tenants have the right to claim exemptions to protect certain items, and bailiffs will often give tenants an opportunity to claim these exemptions when they first show up at the rental unit. Tenants shoudlcontact the bailiff company right away if their belongings are taken before they have a chance to claim the exemptions. Tenants must claim thier exemptions within two days of the date they found out that their property was seized.

b) Role of the Police

Neither the police nor the RCMP has the authority to evict tenants. The police may attend the occasion to prevent a breach of peace, but they cannot play any role in evicting the tenant. However, the police will attend and remove the tenant if required to do so by the court bailiff.

4. Non-Compliance

Under s 87(3) and s 87(4) of the RTA, administrative penalties of up to $5,000 per day may be imposed against landlords for contravening the RTA, the Regulation, or an order. Administrative penalties are rarely, if ever, imposed and according to the RTB guidelines, such penalties are to be used only in response to “serious, repeated non-compliance.”

The RTB has established a Compliance and Enforcement Unit to conduct investigations of repeated or serious non-compliance with tenancy laws or orders of the Residential Tenancy Branch, issue warnings to ensure compliance and if necessary, administer monetary penalties.

The Compliance and Enforcement Unit only handles cases in which all attempts to resolve the issue through the RTB has been made, yet there is still no compliance. Usually, the first step that the unit takes would be simply informing the parties of their responsibilities.

Example of matters that the unit investigates:

• Renters repeatedly not paying rent;
• Landlords repeatedly attempting to evict renters illegally;
• Refusal to complete health and safety repairs; and
• Illegal rent increases.

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