Difference between revisions of "Dispute Resolution in Residential Tenancies (19:X)"

Dispute Resolution in Residential Tenancies (19:X) (view source)

296 bytes added , 20:26, 21 November 2022

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 ** Issues arising out of the BC Human Rights Code
+:'''NOTE:''' Some issues that may apparently be under the exclusive jurisdiction of the RTA
-As well, the RTB is specifically excluded, pursuant to section 5.1 of the RTA, from considering the following:
+may still be grounded in a different source of law. In such cases, a tenant may be able to
-*Questions of constitutional law, and
+elect to proceed with their claim either as an RTB dispute or as a different kind of civil
-*Issues arising out of the BC Human Rights Code.
+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
 :'''NOTE:''' One may make an application to the RTB for disputes in relation to the rights, obligations, and prohibitions set out in Parts 2 and 3 of Ministerial Order 89 of 2020 as well as Parts 2 and 3 of Ministerial Order 195 of 2020.