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

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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: 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: Applicants who seek a review of an RTB decision should be aware of the BC Court of Appeal’s decision in ''Sereda v Ni'' 2014 BCCA 248. That decision provides that, where an internal review decision is judicially reviewed, only that decision, and not the initial dispute resolution decision, can be reviewed by the court. This position has been softened somewhat by the same court’s decision in ''Yee v Montie'', 2016 BCCA 256, and by the BC Supreme Court’s decision in ''Martin v Barnett'', 2015 BCSC 426, which provides a clear overview of the issue. Individuals dissatisfied with the result of a first RTB proceeding should still, however, consider, if the timelines in their situation allow, seeking legal advice on what their best course of action is in seeking to have the decision reviewed.
: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), 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 Launching a Review '''===
===''' 2. Time Limits for Launching a Review '''===
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