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

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===''' 1. Disputes Covered by Dispute Resolution '''===
===''' 1. Disputes Covered by Dispute Resolution '''===


Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (see 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 under the RTA. The exceptions are as follows:
Virtually all claims that may arise between tenants and landlords are eligible for dispute resolution (see 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 under the RTA. The exceptions are as follows:
 
*the dispute is linked substantially to a matter that is before the Supreme Court; or
 
*the monetary claim exceeds the monetary limit prescribed in the Small Claims Act, RSBC 1996, c. 430, s 3. (Currently the monetary limit is $35,000.)
the dispute is linked substantially to a matter that is before the Supreme Court; or
 
 
the monetary claim exceeds the monetary limit prescribed in the Small Claims Act, RSBC 1996, c. 430, s 3. (Currently the monetary limit is $35,000.)
 


As well, the RTB is specifically excluded, pursuant to section 5.1 of the RTA, from considering the following:
As well, the RTB is specifically excluded, pursuant to section 5.1 of the RTA, from considering the following:
*Questions of constitutional law, and
*Issues arising out of the BC Human Rights Code.


 
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.
• Questions of constitutional law, and
 
 
• Issues arising out of the BC Human Rights Code.
 


===''' 2. Arbitrators '''===
===''' 2. Arbitrators '''===
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