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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)
Revision as of 07:20, 30 December 2020
, 07:20, 30 December 2020→3. The Dispute Resolution Hearing
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The dispute resolution policy guidelines are also available online (https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines). 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. | The dispute resolution policy guidelines are also available online (https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/calculators-and-resources/policy-guidelines). | ||
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 '''==== | ====''' a) Telephone Hearings '''==== | ||
Parties should join the conference call in a quiet place where they will not be interrupted. Parties should not try to call more than 5 minutes before the start of the hearing, as they will most likely not get through. The same is true if a party tries to call in more than 5 minutes after a hearing has started. The hearing will proceed even if one party gets disconnected during the call. 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 will be different than the previous one. | Parties should join the conference call in a quiet place where they will not be interrupted. Parties should not try to call more than 5 minutes before the start of the hearing, as they will most likely not get through. The same is true if a party tries to call in more than 5 minutes after a hearing has started. The hearing will proceed even if one party gets disconnected during the call. 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 will be different than the previous one. | ||
Telephone hearings are 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 numbered so that time is not wasted searching for documents and other evidence. | Telephone hearings are 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 numbered so that time is not wasted searching for documents and other evidence. | ||
====''' b) In-Person and Written Hearings '''==== | ====''' 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 particular needs of one or both parties. For more information on alternative hearing formats, see '''RTB Policy Guideline no. 44: “Format of Hearings”''' (online at http://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl44.pdf) | 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 particular needs of one or both parties. For more information on alternative hearing formats, see '''RTB Policy Guideline no. 44: “Format of Hearings”''' (online at http://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl44.pdf) | ||
====''' 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 usually limited to early ending of tenancy, an order of possession for a tenant, and emergency repairs. 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. Your evidence must be ready for submission on application. More details including how to apply are available online at: | |||
https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution/expedited-hearings) | |||
====''' | ====''' d) Evidence '''==== | ||
If possible, it is best to include all evidence with the initial application. However, if this is not possible, the RTB must receive a copy of all of the applicant’s evidence no less than 14 days prior to the hearing; the respondent’s evidence must be received no less than 7 days prior to the hearing. Evidence can be faxed to the RTB at 1-866-341-1269, delivered in person to any ServiceBC office, or RTB office in Burnaby, or uploaded online at https://tenancydispute.gov.bc.ca/DisputeAccess/#access | If possible, it is best to include all evidence with the initial application. However, if this is not possible, the RTB must receive a copy of all of the applicant’s evidence no less than 14 days prior to the hearing; the respondent’s evidence must be received no less than 7 days prior to the hearing. Evidence can be faxed to the RTB at 1-866-341-1269, delivered in person to any ServiceBC office, or RTB office in Burnaby, or uploaded online at https://tenancydispute.gov.bc.ca/DisputeAccess/#access | ||
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d) In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included | d) In the calculation of time not referred to in subsection (c), the first day must be excluded and the last day included | ||
Evidence should be clearly marked and numbered so that all parties involved in a telephone conference can easily locate the relevant documents when necessary. | Evidence should be clearly marked and numbered so that all parties involved in a telephone conference can easily locate the relevant documents when necessary. | ||
For a face-to-face hearing, it is still a good idea to bring extra copies of important documents to the hearing itself, in case the Arbitrator or the other party does not have copies handy. Original photos and documents that are presented to the Arbitrator cannot be returned later to the party. If a party has filed and served a petition for judicial review in B.C. Supreme Court, the RTB will usually file an affidavit attaching the record of proceeding for the hearing, which will include copies of original photos and documents. Copies of documents can be given to the Arbitrator, but they may demand the originals. 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 his or her 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). | For a face-to-face hearing, it is still a good idea to bring extra copies of important documents to the hearing itself, in case the Arbitrator or the other party does not have copies handy. Original photos and documents that are presented to the Arbitrator cannot be returned later to the party. If a party has filed and served a petition for judicial review in B.C. Supreme Court, the RTB will usually file an affidavit attaching the record of proceeding for the hearing, which will include copies of original photos and documents. Copies of documents can be given to the Arbitrator, but they may demand the originals. 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 his or her 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 Arbitrator may then decide to adjourn the hearing and summon the witness for the hearing when it reconvenes. The party requesting the summon is required to serve it on the person being summoned. The Arbitrator also has the power to compel witnesses to give evidence under oath and/or to produce records that may be of importance to the hearing. Where a witness fails to comply with these procedures, he or she may be subject to a finding of contempt on application to the Supreme Court by the Arbitrator (RTA, s 76(3)). | The Arbitrator may then decide to adjourn the hearing and summon the witness for the hearing when it reconvenes. The party requesting the summon is required to serve it on the person being summoned. The Arbitrator also has the power to compel witnesses to give evidence under oath and/or to produce records that may be of importance to the hearing. Where a witness fails to comply with these procedures, he or she may be subject to a finding of contempt on application to the Supreme Court by the Arbitrator (RTA, s 76(3)). | ||
The applicant should always bring proof of service (i.e. proof that the other side received the Notice of Hearing package) to the hearing or, for a telephone hearing, include it in the evidence the applicant submits 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. The person who served the documents should be at the hearing or should have provided an affidavit of service to the applicant. | The applicant should always bring proof of service (i.e. proof that the other side received the Notice of Hearing package) to the hearing or, for a telephone hearing, include it in the evidence the applicant submits 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. The person who served the documents should be at the hearing or should have provided an affidavit of service to the applicant. | ||
===''' 4. The Arbitrator’s Decisions '''=== | ===''' 4. The Arbitrator’s Decisions '''=== | ||
